Just how difficult is it for a nonprofit board to follow its bylaws and stated values? Difficult enough to be sued by its beneficiaries for not abiding by these?
Well, maybe not in most cases but for the US Soccer Federation the answer appears to be: pretty damn difficult.
Here's one bylaw that tells what I am talking about:
Section 3. The Federation shall provide equal opportunity to athletes, coaches, trainers,
managers, officials, and administrators to participate in amateur soccer competitions. The
Federation and its members shall not discriminate on the basis of race, color, religion, national
origin, disability, age, sex, sexual orientation, gender identity, or veteran status; except that the
Federation and its members may have rules for team formation and soccer competitions that
classify players and teams based on age, sex, citizenship, disability, amateur status, competitive
ability, or as otherwise mandated by FIFA.
Now admittedly the US Soccer Federation is a complicated organization, not unlike the Association which is its primary guidepost, FIFA. The complication: a membership comprised of folks from a wide number of countries with varying values and apparently, a core sub-value that places women below men - at least according to the women of the US Soccer League who just won their world championship. This disparity is huge enough, and not new to sports or women sports, to call for a lawsuit by the women against the Federation for gender discrimination.
Should we not be asking the IRS to add to their list "bad behavior" when considering the worthiness/compliance status of nonprofits and in-turn, their boards. Might we not go a step further to identify that boards acting badly, discrimination in this case, is not a board acting badly but the individuals as well - wholly and severally? And does it really have to be THIS public and THIS legal to make change. In a simple answer: absolutely!
Let's hope that at minimum, the case of the world champion women is a lesson learned by all nonprofit trustees: doing harm is not an option.