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Failure to Hire—Boy Scouts of America’s Hiring Gaff

October 6, 2014 Legal Team

Yasmine Cassini, a 29-year-old woman, was excited when she was hired as the director for the Boys Scouts of America’s Denver area adventure center. As quickly as she was hired, however, the Boy Scouts rescinded their offer stating, “During the employment process, this individual brought it to our attention that she did not meet the requirements for employment.

The only thing that had changed between her hiring and her swift dismissal was one fact she shared with the organization: she is openly lesbian. “Discrimination is not okay and it’s something that is still occurring and it has to stop,” Cassini stated in a news interview.

This is not the first time the Boy Scouts have controversially dismissed personnel. In 2012, the organization dismissed a Cub Scout den leader, Jen Tyrell. Though she was a volunteer, the Boy Scouts fired her, allegedly, due to her sexual orientation.

Though in Colorado, employers are prohibited from discriminating against individuals on the basis of sexual orientation, there are loopholes in the law that allow certain kinds of employment “selectivity.” For example, religious organizations may bar employment from an individual based on the aforementioned characteristics. The Boy Scouts, in particular, are a private organization that requires employees to be registered members. Since the Supreme Court ruled that Boy Scouts have a constitutional right to determine membership standards, they can prevent certain demographics from working for them (i.e. atheists or non-theists and homosexual adults).

The Boy Scouts revamped their policy of openly gay youth in the program, now allowing LGBT youth participants but will not budge on employing LGBT adults.

Source: Think Progress