Your Legal Questions Answered

Search Questions Previously Answered

May a nonprofit 501 (c)(4) community organization refuse to admit a member?

May a nonprofit 501(c)(4) community organization refuse to admit a member because “you don’t fit in”? The bylaws say that membership “is open to all singers, musicians, entertainers….”

Ordinarily, a nonprofit membership corporation may select its own members and may refuse to admit someone whom the selection committee feels would not fit in.  Our model bylaws for membership nonprofits includes a specific statement that membership may be denied for any reason deemed sufficient to the Directors.  (See Ready Reference Page:  “Bylaws Function as ‘Constitution’ of Nonprofit Corporations.”)

If the organization is so large and open that it is categorized as a “public accommodation” under anti-discrimination laws, it may not be able to discriminate against members of a protected class, and “you don’t fit in” may be considered code for such discrimination.  But if it is a decision legitimately based on personality alone, it may not be discriminatory and not illegal.

Add new comment

The content of this field is kept private and will not be shown publicly.

Plain text

  • No HTML tags allowed.
  • Web page addresses and email addresses turn into links automatically.
  • Lines and paragraphs break automatically.