Hiring decisions and adverse personnel actions could be based on such considerations as sexual preference, abortion, premarital sexual relations, interracial dating and other considerations based on religious tenants and teachings. Charitable choice is a smoke screen for the Bush Administration's plan to substantially cut taxes and reduce the federal government's commitment to helping low income families and communities. Overall the Bush Administration intends to substantially reduce federal spending on domestic programs. At the same time, it wants to give houses of worship special help in getting federal funding. This strategy will pit religious, secular non-profit and public agencies against each other, put government in the business of picking and choosing among religions for federal grants, and divert funds away from current providers to religious grantees.
Charitable choice creates several loopholes in federal protections for workers.
A review of federal court and National Labor Relations Board cases shows that if charitable choice allows entities to promulgate, propagate, or indoctrinate a religious faith, they would not come under the jurisdiction of the National Labor Relations Board and their workers could not organize and bargain collectively . In addition, they would not be subject to the Federal unemployment Tax, and their employees could not get unemployment benefits if they become unemployed.