Church and Ministry Liability: Employment Claims, Misconduct Suits, Civil Exposure, and Protected Autonomy Under the Law

Ministries are responsible not only for their employees, but their members and the people they serve, and good legal advice must take this into account. This session will give some highlights to be considered. Employment law with respect to religious organizations—churches, synagogues, religious schools, missions, and other ministries—has both an additional layer of legal considerations and some practical points. We’ll discuss how religious employment in general is exempt under Title VII with respect to religious discrimination, and how to approach this nuanced analysis. This is further affected by the ministerial exception, which gives ministries almost total freedom to select ministers. We’ll consider important questions about the extent to which religious organizations can require religious beliefs and values. Next, we’ll consider clergy misconduct and how it affects possible criminal liability and civil liability. We’ll consider the protections, policies, and training that ministries should have in place. We’ll answer the following important questions. What should ministries do about HR compliance training? What should child safeguarding look like in the ministry context? Finally, how should ministries respond when there are allegations of misconduct, whether by employees or members, to carry out appropriate investigations and make sure that everyone is safe?

Join us to learn more about abuse prevention and child & youth protection especially for churches and non-profits. According to Church Law & Tax, the number one reason why a church or non-profit ends up in court is the sexual abuse of a minor. Prevention is key to ensure a safe environment where kids can learn and grow. Most abuse in CYSO programs is preventable through appropriate screening, training, and supervision. By enacting effective child protection risk management measures, your CYSO can protect the next generation, your workers, and your mission. Don’t miss this introduction to abuse prevention designed to help you understand the problem, the impact, and road-map your path toward protection.

Constitutional and statutory provisions create a special legal regime for churches and other religious institutions. This session provides a bird’s eye view of free exercise and establishment clause caselaw, Religious Freedom Restoration Act developments, forms of organization, and IRS provisions affecting religious organizations.