Church Law & Tax Report

Church board members may be personally liable for diverting designated funds or trust funds to some other purpose.

A Florida appeals court ruled that counseling notes prepared by a psychotherapist during counseling sessions with a minister accused of child abuse were not protected against disclosure in court.

A California court ruled that a provision in a church's deed that required church property to revert to a denominational agency was legally enforceable by the civil courts.

The Alabama Supreme Court ruled that church members who lost their membership lost their right as members to inspect church records.

Most courts have concluded that they are barred by the First Amendment from resolving challenges by dismissed clergy to the legal validity of their dismissals.

A federal court in Ohio ruled that a dismissed church employee could sue her church for age discrimination.

A federal court in Maryland addressed the question of whether a secretary is entitled to overtime compensation for hours worked in excess of 40 during the same work week.

A federal court in New York ruled that a church pension board did not violate the Americans with Disabilities Act of the Family and Medical Leave Act when it dismissed an HIV-positive employee.

An employer's failure to conduct criminal records checks on its employees might be viewed by a jury as evidence of negligent hiring.

A New York court ruled that a public high school cannot be liable for injuries occurring to students after they leave school property.

A variety of defenses are available to a church that is sued as a result of an injury occurring on its premises.

A federal court in Kansas ruled that a victim of child abuse made a viable claim against a charity that hired the molester as a youth worker despite knowledge of a history of sexual misconduct.