Negligent Hiring Liabilities

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.

* 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. An adult male ("Don") worked as a volunteer wrestling coach for an amateur wrestling club (the "charity"). He met a 13-year-old male (the "victim") who participated in the charity's wrestling program. During the next two years, Don molested the victim in a variety ...