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Church Law & Tax Report

July/August 2000
Articles with a Member Access Only are available only to members.

Feature Article

Tax Court Liberalizes the Housing Allowance  Member access only

Annual "rental value" limit abolished.

Articles

The Civil Rights Act of 1964 Member access only

A federal court in North Carolina ruled that the first amendment did not prevent it from resolving a sexual harassment claim brought by two nonminister church employees against their church.

Negligence as a Basis for Liability Member access only

A Missouri court ruled that a church was not responsible for an associate pastor's sexual relationship with a church secretary while she was hospitalized.

Recent Developments

Issues that affect ministers and churches, with Richard R. Hammar

Clergy—Removal Member access only

A federal appeals court ruled that it could not resolve a church choir director's claim that she had been dismissed by her church on account of her disabilities.

Employment Practices - Part 1 Member access only

A federal court ruled that a 59-year-old principal could sue his employing church-affiliated school for age discrimination when his one-year employment contract was not renewed.

Employment Practices - Part 2 Member access only

A federal court dismissed a lawsuit brought by the EEOC against a church school claiming that the school violated the Americans with Disabilities Act.

Employment Practices - Part 3 Member access only

A federal court in North Carolina ruled that it was barred from resolving a sex discrimination lawsuit brought by a dismissed church music director.

Insurance Member access only

A federal court in Alabama ruled that a health plan maintained by Baptist Health Services for its employees was subject to the complex requirements of ERISA.

Personal Injuries on Church Property or During Church Activities Member access only

A New York court ruled that a church was not legally responsible for the death of a parishioner who was struck and killed by a car.
Pennsylvania

Sexual Misconduct by Clergy and Church Workers Member access only

A Pennsylvania court ruled that a church was not liable for its pastor's molestation of a young girl since it exercised reasonable care in screening him.

Sexual Misconduct by Clergy and Church Workers - Part 2 Member access only

The Washington state supreme court ruled that a church and a member of the church board could be sued by three women who had been molested by a volunteer youth worker.

Unemployment Taxes Member access only

A Washington state appeals court ruled that the exemption of churches from the state unemployment compensation law did not violate state or federal constitutional provisions.

Wills, Trusts, and Estates Member access only

A Texas court ruled that a 99-year-old widow's will, which left most of her estate to a church and college, was not invalid on the basis of undue influence.