Church Law & Tax Report

May/June 2007
Articles with a Member Access Only are available only to members.

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Articles

Recent Developments

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

Lawsuits by Dismissed Clergy  Member access only

A Texas court ruled that it was barred by the First Amendment from resolving a lawsuit brought against a church by a dismissed youth director.
Kentucky
Defamation

Accusations of Defamation Member access only

Statements concerning the discipline of members cannot be defamatory unless made with malice.
New York
Denominations - Legal Liability

Denominational Legal Responsibility for Local Churches Member access only

There are several legal defenses available to a denominational agency that is sued as a result of the acts or obligations of affiliated clergy and churches.
New York
Employment Practices

Enforced Moral Codes Member access only

Churches can impose scriptural or moral standards on their employees, and such efforts will be fully protected by the civil courts?o long as they do so fairly and uniformly.
Federal
Schools

Age Discrimination Claims Member access only

Age discrimination requires proof that age was the basis for an adverse employment decision.
Multi State
Sexual Misconduct by Clergy, Lay Employees, and Volunteers

Breach of Fiduciary Duty Member access only

Several courts have refused to hold churches and denominational agencies liable on the basis of a breach of a fiduciary duty for the sexual misconduct of a minister.
Does Providing Child Care for House Groups Expose the Church to Liability?

Does Providing Child Care for House Groups Expose the Church to Liability? Member access only

Potential risks for in-home small group gatherings.
Q&A: What's the Difference Between "Privileged" and "Confidential" Communication?

Q&A: What's the Difference Between "Privileged" and "Confidential" Communication? Member access only

Two confusing legal concepts made clear.

Does a Child with ADHD Impose a Higher Duty of Care Upon Leaders? Member access only

Churches may need to increase supervision.

ChurchSalary

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Church Board Guide to a Child Sexual Abuse Prevention Policy

Church Board Guide to a Child Sexual Abuse Prevention Policy Member access only

Church leaders and boards can take relatively simple, yet effective steps to reduce the likelihood of child sexual abuse.
Check-In and Check-Out Procedures

Check-In and Check-Out Procedures Member access only

Learn how to establish check-in procedures that keep children safe.