Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 6412 WWW.AGRM.ORG JULY/AUGUST 2016 Employment lawsuits are one of the biggest categories of lawsuits against nonprofits, so it’s important to be knowledgeable about the relevant employment laws, says The Startup Garage. Some categories of employment claims include: • Wrongful termination: At-will employees may not be fired for an illegal reason, and contract employees must be fired with “good cause.” • Sexual harassment: Employers can be held responsible for failing to prevent or responding inadequately to an employee’s claim of sexual harassment. • Discrimination: When it comes to hiring, firing, pay, shift assignments, promotions, or access to training, you are prohibited from using race, color, gender, national origin, religion, disability, citizenship status, or age as a criterion. In California, the additional criteria of ancestry, mental disability, medical condition, marital status, or sexual orientation are also protected. • Retaliation: If an employee has filed an action against your nonprofit, you are not allowed to punish them by denying them something they were otherwise qualified for. • Wage and hour claims: The laws that govern the worker/employer relationship are complex and may necessitate consultation with an attorney. • Defamation: The main context for a defamation claim is over an ex-employee’s reference. Employment Lawsuits Protecting your mission from employment claims Unbalanced Partnership Is your mission a service, a revenue source, or both? As the government struggles to deal with its own budget issues, it’s leaning more heavily on the limited resources of charitable nonprofits. “Some government officials have openly told constituents to ‘seek help from local charities and churches,’” reports the National Council of Nonprofits, while those same governments are targeting nonprofits as sources of revenue. So as the government expects charitable nonprofits to fill service gaps and address growing needs in communities, it is also saddling charities with onerous regulations that often come with extra work and fees. About three out of every four charitable non- profits have revenue of less than $500,000. Yet they are having to fight harder and harder to keep that money for use in their organizations.