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Race and Gender Preferences: What Exempt Organizations and Gift Planners Need to Know  


Author:  Alan F.  Rothschild, Jr..


Source: Volume 10, Number 06, September/October 2011 , pp.1-5(5)




Family Foundation Advisor

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Abstract: 

A number of federal laws have an impact on an exempt organization’s ability to limit its programs or services to a single gender, race, or ethnic group. These include: • Title VI of the Civil Rights Act of 1964 • Protections under Title IX of the Education Amendments Act of 1972 • The prohibition under §1981 of the Civil Rights Act of 1870 • The restrictions in §1983 of the Civil Rights Act of 1871 • The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. Many states also have civil rights laws that prohibit or restrict certain types of discrimination based on race or gender. In this article, the author provides a thought-provoking look at an important contemporary issue—when can a foundation’s grant making intentionally discriminate in favor of certain gender or racial groups.

Keywords: 

Affiliations:  1: Hatcher, Stubbs, Land, Hollis & Rothschild, LLP.

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