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Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Court Decisions Recognizing Negligent Retention Claims

Volume 4 . Chapter 10 . § 10-05.1
Key point 10-05.1. Some courts have found churches liable on the basis of negligent selection for the sexual misconduct of a church worker involving another adult if the church failed to exercise reasonable care in the selection of the worker.

This section reviews court decisions in which a church or other religious organization was found liable on the basis of negligent selection for a minister's sexual contacts with an adult.

Case Studies

• The Colorado Supreme Court ruled that a denominational agency was responsible, on the basis of negligent hiring and supervision, for a pastor's sexual misconduct. A local church board employed a new pastor, who later engaged in a sexual relationship with a woman in the course of marital counseling. At ...

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