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147: Keep Doing You, Boo | Are Nonprofit DEI Initiatives Illegal? With Guest Megan Fuciarelli

Charity Therapy

Release Date: 09/18/2025

151: Give Mark Your Crap! | When a PEO is a Good Fit for Your HR Needs with Mark Bromberg show art 151: Give Mark Your Crap! | When a PEO is a Good Fit for Your HR Needs with Mark Bromberg

Charity Therapy

Nonprofit HR can be messy — but it doesn’t have to be. Let’s talk about when it’s time to call in reinforcements (and what “reinforcements” actually look like). I sat down with Mark Bromberg, a Business Performance Advisor at Insperity and one of my favorite people to send clients to when HR headaches start taking over. We dug into what PEOs (Professional Employer Organizations) really do — and when they make sense for nonprofits. Real Listener Question: “Our professional association has seven employees. We’re losing our CEO soon, and our board wants to consider...

info_outline 150: All Press is Good Press? | GoFundMe Creates 1.4M Nonprofit Donation Pages Without Consent with Ephraim Gopin show art 150: All Press is Good Press? | GoFundMe Creates 1.4M Nonprofit Donation Pages Without Consent with Ephraim Gopin

Charity Therapy

What happens when a for-profit giant “helps” nonprofits without asking first? Spoiler: chaos, confusion, and a lot of angry fundraisers. In this episode, I sat down with my good friend and fundraising pro, Ephraim Gopin of 1832 Communications, to unpack the wild story of GoFundMe auto-creating donation pages for 1.4 million nonprofits — without their consent. Real Listener Question: “What do we do if our nonprofit suddenly has a GoFundMe page we didn’t create? Is that even legal?” When news broke that GoFundMe scraped IRS data to create “official” donation pages for nonprofits,...

info_outline 149: Um, Actually... | How Many Times Should a Nonprofit Board of Directors Meet? show art 149: Um, Actually... | How Many Times Should a Nonprofit Board of Directors Meet?

Charity Therapy

If your board hasn’t met in ten months, that’s not just awkward — it’s a big problem. In this episode, Meghan and I dive into a basic (but often overlooked) part of nonprofit governance: how often a board needs to meet, and what happens when it doesn’t. Real Listener Question: “My wife joined the board of a small arts nonprofit, but they haven’t met once in ten months. The executive director sends quarterly updates by email — that’s it. Is that legal?” A board that never meets isn’t really a board — it’s a liability. Meghan and I talk about what state laws and bylaws...

info_outline 148: Type A Personalities Unite! | When Nonprofits Should (Or Shouldn't!) Use PEOs for Their HR with Jess Holst show art 148: Type A Personalities Unite! | When Nonprofits Should (Or Shouldn't!) Use PEOs for Their HR with Jess Holst

Charity Therapy

Think a PEO will solve all your nonprofit’s HR headaches? Not so fast — the fine print might surprise you. In this episode, I’m joined by HR consultant Jess Holst from to answer a listener’s question about whether a professional employer organization (PEO) is the right solution for their growing nonprofit. Real Listener Question: “We’ve grown from four employees to nearly twelve. I’ve been handling payroll and HR myself, but it’s becoming too much. A board member suggested a PEO, but it feels too good to be true. Should we do it?” PEOs get sold as a one-stop HR solution, but...

info_outline 147: Keep Doing You, Boo | Are Nonprofit DEI Initiatives Illegal? With Guest Megan Fuciarelli show art 147: Keep Doing You, Boo | Are Nonprofit DEI Initiatives Illegal? With Guest Megan Fuciarelli

Charity Therapy

Worried your nonprofit’s DEI programs might be illegal now? You’re not alone — and I can bet you won’t be able to find the right answer on social media. In this episode, I’m joined by Megan Fuciarelli from US2 Consulting to dig into what the latest EEOC guidance actually means for nonprofits trying to foster inclusion. Real Listener Question: “My nonprofit has employee resource groups (ERGs) for LGBTQ+, Latinx, Black, and AAPI staff. They’re popular, but I heard the EEOC says they might count as discrimination now. Do we need to shut them down, or is there a way to keep them...

info_outline 146: Groaning & Moaning | Why Record Retention & Data Management Systems Matter for Nonprofits show art 146: Groaning & Moaning | Why Record Retention & Data Management Systems Matter for Nonprofits

Charity Therapy

Think your nonprofit’s old emails and files are harmless? Think again. What you keep — and what you don’t — could save or sink your organization. It’s Jess Birken here, and I’m back with my co-host Meghan tackling a topic that sounds boring but is way more important than you think: data retention policies and how they protect your nonprofit. Real Listener Question: “I work at a nonprofit that serves trans youth. If the government starts targeting nonprofits, what can we do now to prepare and protect our data?” If your organization collects sensitive participant info, donor...

info_outline 145: Astronauts vs. Scuba Divers | Can You Convert a Failing Business Into a Nonprofit? show art 145: Astronauts vs. Scuba Divers | Can You Convert a Failing Business Into a Nonprofit?

Charity Therapy

If your business is struggling, can you save it by turning it into a nonprofit? Short answer: probably not. It’s Jess Birken here, and I’m back with my co-host Meghan tackling a super common question from business owners who think running a nonprofit might be an easier path. Real Listener Question: "I'm an instructor at a small figure skating school. It's been around for 30 years, but we're not making ends meet. The current owner doesn’t want to run it anymore. Can we convert it into a nonprofit so we don’t have to make a profit or have an owner?" We hear this one a lot. A business...

info_outline 144: Pretending It's 1995 | Breaking Down the IRS Changes for 501(c)(3) Status for Churches show art 144: Pretending It's 1995 | Breaking Down the IRS Changes for 501(c)(3) Status for Churches

Charity Therapy

Have you heard? The IRS just gave churches the green light to endorse political candidates.  It’s Jess Birken here, and I’m back with my co-host Meghan to dig into a recent IRS policy change that could shake up the nonprofit and political landscape. Real Listener Question: Not a listener question this time — Meghan brought the heat herself: “Did the IRS really just say churches can endorse political candidates from the pulpit? What does that mean for everyone else?” This episode covers some breaking nonprofit news (well, as breaking as it gets around here). The IRS just shifted...

info_outline 143: Anonymized Juicy Gossip | What Happens If You Don't Do the Nonprofit Filings? show art 143: Anonymized Juicy Gossip | What Happens If You Don't Do the Nonprofit Filings?

Charity Therapy

What would you do if you inherited a nonprofit… with 20 years of missing paperwork? It’s Jess Birken here, and I’m back with my co-host Meghan to dig into one of the messiest listener questions yet. A nonprofit has been operating off the radar for decades, and it's time to figure out what happens next. Real Listener Question: "I just took on the treasurer role for a family nonprofit, but nothing’s been filed since 2005. The bank account is still under the name of a deceased board member. I’m wondering if I should just start over with a new nonprofit. Is that even possible?" This kind...

info_outline 142: Someone Get Me a Flux Capacitor! | What Happens When Your Nonprofit IRS Status is Revoked show art 142: Someone Get Me a Flux Capacitor! | What Happens When Your Nonprofit IRS Status is Revoked

Charity Therapy

Your nonprofit's 501(c)(3) status just got revoked – now what? Don't panic! Your organization still exists, but here's what you need to know. It's Jess Birken here, and I'm back with co-host Meghan to tackle one of the most common (and scary-sounding) nonprofit disasters: losing your tax-exempt status. Real Listener Question: "Our 501(c)(3) was revoked last year, and we have a community cleanup event coming up. Can we still do this event? Are we open to more liability?" We're breaking down the biggest misconception about revoked tax status – your nonprofit doesn't disappear when you lose...

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Worried your nonprofit’s DEI programs might be illegal now? You’re not alone — and I can bet you won’t be able to find the right answer on social media.

In this episode, I’m joined by Megan Fuciarelli from US2 Consulting to dig into what the latest EEOC guidance actually means for nonprofits trying to foster inclusion.

Real Listener Question: “My nonprofit has employee resource groups (ERGs) for LGBTQ+, Latinx, Black, and AAPI staff. They’re popular, but I heard the EEOC says they might count as discrimination now. Do we need to shut them down, or is there a way to keep them safely?”

New EEOC guidance has nonprofits questioning whether DEI work — especially ERGs and affinity groups — puts them at legal risk. Megan and I break down what the rules really say, what’s changing, and how nonprofits can protect themselves without abandoning their values. We also dig into the difference between ERGs and affinity groups, what’s safe, what’s risky, and why “don’t panic” should be your new mantra.

What You'll Learn:

  • What the new EEOC guidance actually says about workplace DEI initiatives
  • The key legal differences between ERGs and affinity groups
  • How to structure ERGs to stay compliant while fostering inclusion
  • Why shutting everything down out of fear might not be the right move
  • How executive orders, memos, and guidance impact nonprofit policies
  • Why reviewing your internal policies and documents is critical right now
  • How to keep advancing DEI goals while reducing legal risks

Bottom line: You don’t have to throw out your DEI work just because the rules are shifting. With clarity, intention, and the right structures, your nonprofit can keep doing the work that aligns with your values — and stay compliant.

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