Not that long ago, Washington Post ran a letter to the editor describing Thurgood Marshall’s career. The letter charted his trajectory – and unwavering commitment to equality – from Chief Counsel at the NAACP’s Legal Defense Fund to the Supreme Court. Justice Marshall shaped the jurisprudence that eventually helped knock down the loathsome tenet of ‘separate but equal’ that divided rather than united our nation.

In my organization’s building, a dozen pictures of the Justice grace the hallways of the 9th floor, home to the Thurgood Marshall College Fund. Their mission - as well as that of the NAACP and hundreds of others – reminds me of our sector’s long-time commitment to social justice.

From abolition to women’s suffrage, from child welfare to civil rights, the act of respecting and honoring the humanity of marginalized people everywhere is part of our sector’s DNA. Our very identity is grounded in an enduring commitment to inclusiveness and fairness. Sadly, too many of our organizations today don’t fully reflect such principles in their hiring practices, selection of board members, use of vendors, and work with stakeholders. All this notwithstanding a wealth of professional and personal experience that time and again proves diversity in all its forms improves mission effectiveness. The challenge before us is converting our values – with their tremendous promise for a brighter world – into concrete actions that truly make us a diverse community in thought and deed.

That brings me to legislation passed in Florida in late May. The Philanthropic Disclosure Law draws a bright line in the sand on the type of information (such as racial, ethnic, socio-economic) that government can collect from foundation and nonprofit boards, staff, and grant recipients. The intentions of the Florida lawmakers may have been to ensure that the government does not require the nonprofit and philanthropic sector report such demographics. Some have interpreted this law as ensuring that government, at least in Florida, keeps its nose out of our organizations when it comes to the makeup of our boards and staff. In so doing, they continue to honor our independence and our right to serve the causes we deem appropriate. Others have argued that this law is unnecessary at best and at worst sends a message that holding oneself accountable to do better on diversity is not a priority.

Regardless of your views, no law can relieve our organizations from the solemn responsibility to hold ourselves accountable in becoming more inclusive. We take that responsibility very seriously. While we have much more work to do at Independent Sector, we are making headway. I’ve included select examples below, starting with our statement on this important goal issued late last month. In addition, you will find a summary of and a link to the legislation in Florida as well as two different interpretations of its implications to our sector.

  Dr. Martin Luther King said, “the arc of history is long but it bends toward justice.” We have, indeed, a long way to go. In the mean time, we owe it to ourselves and our communities to redouble our collective efforts to create a society that appreciates the dignity and worth of all people.

Read IS’s Statement on Diversity and Inclusion

Review IS’s Commitment to Diversity and Inclusion:

• IS is committed to an inclusive coalition, the members of which represent the breadth and diversity of the sector.
• IS staff and its Board members are committed to ensuring a diverse board of directors.
• IS is committed to seeking diverse representation on all committees, task forces and working groups.
• IS is committed to hiring and retention of diverse staff, consultants and vendors.
• IS is committed to a diverse set of speakers at our Annual Conference and to including diversity-related topics in the conference program.
• A commitment to diversity is part of the Principles for Good Governance and Effective Practice, which came from the IS-convened Panel on the Nonprofit Sector.
  • Recommendation #11: The board of a charitable organization should include members with the diverse background (including, but not limited to, ethnic, racial and gender perspectives), experience, and organizational and financial skills necessary to advance the organization’s mission

Read the Florida Philanthropic Disclosure Law (SB 998)

Read a Synopsis of this Legislation: 
The Florida legislature unanimously passed legislation that was signed by Governor Crist into law on May 27 to prohibit state agencies and local governments from:

1. Requiring the disclosure of “certain characteristics” of persons associated with certain charitable organizations, trusts, and foundations;
2. Requiring certain private foundations or trusts to disclose certain characteristics of persons associated with an entity receiving monetary or in-kind contributions from the foundation or trust.
3. Requiring that individuals having certain characteristics be included on the governing board or as officers of certain charitable organizations, trusts, or foundations;
4. Prohibiting a person from serving on the board or as an officer based on the person’s familial relationship to other board members, officers, or a donor;
5. Requiring that certain charitable organizations, trusts, or foundations distribute funds to or contract with persons or entities having certain characteristics, except as a lawful condition on the expenditure of funds imposed by the donor.

- The “certain characteristics” include race, religion, gender, national origin, socioeconomic status, age, ethnicity, disability, marital status, sexual orientation, or political party registration.
- Charities, foundations and trusts can’t be required to reveal such characteristics of employees, officers, directors, trustees, members, or owners without the prior approval of the individual in question.

Read Different Perspectives on the Legislation:

• Alliance for Charitable Reform information on campaign
• Emmett Carson’s article in Chronicle of Philanthropy