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Charity Therapy

Charity Therapy

Auteur(s): Jess Birken MNM JD
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À propos de cet audio

What if you could hang out with experienced nonprofit professionals and ask them your burning questions about the day-to-day life of nonprofits? What if you could take their wisdom and bring it back to your organization, for free? That's what we do on Charity Therapy. Hosted by Jess Birken - owner and lawyer at Birken Law Office. Every episode is an in-depth look at how to run a nonprofit, from fundraising to IRS woes to people problems and more! Our goal is to empower nonprofits to achieve your mission by doing things right.Jess Birken, MNM, JD 543617 Développement commercial et entrepreneuriat Entrepreneurship Gestion et leadership Économie
Épisodes
  • 147: Keep Doing You, Boo | Are Nonprofit DEI Initiatives Illegal? With Guest Megan Fuciarelli
    Sep 18 2025
    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 initiativesThe key legal differences between ERGs and affinity groupsHow to structure ERGs to stay compliant while fostering inclusionWhy shutting everything down out of fear might not be the right moveHow executive orders, memos, and guidance impact nonprofit policiesWhy reviewing your internal policies and documents is critical right nowHow 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. Resources from this Episode Learn more about Megan and US2 Consulting: https://us2consulting.com/Read the EEOC guidelines: https://www.eeoc.gov/wysk/what-you-should-know-about-dei-related-discrimination-work and https://www.eeoc.gov/what-do-if-you-experience-discrimination-related-dei-workPrevious Episode: Why Record Retention & Data Management Systems Matter for Nonprofits: https://birkenlaw.com/charity-therapy-podcast/ct146/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT147_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/Megan Fuciarelli: https://www.linkedin.com/in/meganfuciarelli Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon MusicRate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Follow us on Facebook, Instagram, Twitter
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    23 min
  • 146: Groaning & Moaning | Why Record Retention & Data Management Systems Matter for Nonprofits
    Sep 4 2025
    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 data, or internal records, what you hold onto could be putting you at risk. From lawsuits to government inquiries, the wrong data strategy can leave you vulnerable. Meghan and I dive into why your nonprofit needs a data retention policy, what you should keep, what you should delete, and how to plan for changing political climates without panicking. What You'll Learn: Why keeping everything forever could actually make your organization less safeThe seven-year rule of thumb for retaining records (and when to go shorter or longer)How to protect sensitive participant data in politically charged mission areasWhat to do before you purge anything — and the legal traps to avoidHow to set up a “threat-level” data plan when government scrutiny ramps upWhy email hoarding could come back to bite you and how to clean it up smartly Bottom line: Your data is both an asset and a liability. A clear data retention policy protects your nonprofit, your people, and your mission — and the best time to start is now. Resources from this Episode Listen to Episode 89 to learn about conflicts of interest: https://birkenlaw.com/charity-therapy-podcast/ct089/Get a data retention policy for nonprofits here: https://birkenlaw.com/dataUse our data retention policy app here: https://birkenlaw.com/mg-document-app/records-retention-policy/Previous Episode: Breaking Down the IRS Changes for 501(c)(3) Status for Churches: https://birkenlaw.com/charity-therapy-podcast/ct145/ Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT146_Transcript.pdf Connect with Us Jess Birken: https://www.linkedin.com/in/jessbirken/Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage Listen on Apple Podcasts | Spotify | YouTube | Amazon MusicRate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ Follow us on Facebook, Instagram, Twitter
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    19 min
  • 145: Astronauts vs. Scuba Divers | Can You Convert a Failing Business Into a Nonprofit?
    Aug 21 2025
    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 isn’t working, and people assume nonprofit status will solve everything. I mean, it’s right in the name – you don’t have to make a profit, right?! Meghan and I walk through why this logic doesn’t hold up, the realities of converting to nonprofit status (hint: you can’t), and what it really takes to start and sustain a nonprofit. If you’re dreaming about skipping taxes and raking in grants, this episode will help you get real about what actually works. What You'll Learn: Why you can’t convert a for-profit business into a nonprofitWhat nonprofit status actually means and why it’s not a business modelWhy fundraising isn’t a magic solutionHow conflicts of interest complicate nonprofit governanceWhat to do before starting a nonprofit if you're serious about itWhy starting a nonprofit requires a plan, not just a tax filingWhat to think about if your org isn’t financially viable right now Bottom line: Nonprofit status isn’t a quick fix. If your current business model isn’t working, you need to solve that problem first — not just switch IRS categories and hope for the best. Resources from this Episode • Listen to Episode 89 to learn about conflicts of interest: https://birkenlaw.com/charity-therapy-podcast/ct089/ • Check out my friend Steve Boland's podcast at Next In Nonprofits: https://www.nextinnonprofits.com/podcast/ • Previous Episode: Breaking Down the IRS Changes for 501(c)(3) Status for Churches: https://birkenlaw.com/charity-therapy-podcast/ct144/ • Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT145_Transcript.pdf Connect with Us • Jess Birken: https://www.linkedin.com/in/jessbirken/ • Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/ Listen & Engage • Listen on Apple Podcasts | Spotify | YouTube | Amazon Music • Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review" • Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story Stay Connected • Sign up for the Birken Law Email list: https://birkenlaw.com/signup/ • Follow us on Facebook, Instagram, Twitter
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    18 min
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