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Sexual Misconduct by Clergy, Lay Employees, and Volunteers - Part 3

A federal court in New York ruled that a charity that failed to conduct a criminal records check on a volunteer youth worker was not liable on the basis of negligent hiring.

Key point 10-04. A church may be liable on the basis of negligent selection for a worker's molestation of a minor if the church was negligent in the selection of the worker. Negligence means a failure to exercise reasonable care, and so negligent selection refers to a failure to exercise reasonable care in the selection of the worker. Liability based on negligent selection may be imposed upon a church for the acts of employees and volunteers.
Negligence as a Basis for Liability

* A federal court in New York ruled that a charity that failed to conduct a criminal records check on a volunteer youth worker was not liable on the basis of negligent hiring for the worker's molestation of a child because the charity had no reason to believe that the worker posed a risk of molesting children. A county health care agency ("Charity A") hired an adult male (Samuel) as a volunteer worker. Charity ...

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Posted:
  • July 1, 2005

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