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Church Law & Tax Report

September/October 2009
Articles with a Member Access Only are available only to members.

Feature Article

Church Liability for Sexual Conduct

Church Liability for Sexual Conduct

An Overview: 13 of the most significant risks associated with sexual conduct plus strategies to manage each.

Articles

Congress Lobbies for New Nondiscrimination Act Member access only

Prohibits employment discrimination based on sexual orientation or gender identity.

News You Can Use Member access only

Congress to consider creative solutions for maintaining funding.

Recent Developments

Issues that affect ministers and churches, with Richard R. Hammar
Federal
Employment Practices; Overtime Pay

Job Applicant Sues Church-Operated School for Age Discrimination Member access only

Avoid discriminatory hiring practices.
Mississippi
Personal Injuries on Church Property or During Church Activities

Church Held Liable for Child's Day Care Injury Member access only

A church may be held liable for a child's injuries despite a lack of evidence of how they occurred.
New York
Defamation

Former Music Director's Defamation Claim Dismissed Member access only

Truth is nearly always a defense to defamation.
Louisiana
Defamation

Church Member's Defamation Suit Dismissed Member access only

Defamation usually cannot be proved without evidence of a false statement.
Federal
Employment Practices; Overtime Pay

Church Employee Sues for Overtime Wages Member access only

Have an attorney who is familiar with FLSA review your policy manual.
Texas
Employment Practices; Overtime Pay

Interference with Contract Member access only

Student sues official who informed a potential employer of his arrest.
Michigan
Clergy - Removal; Schools

The Ministerial Exception and Disability Discrimination Member access only

The First Amendment generally bars courts from resolving church employment disputes.
Texas
Clergy - Removal; Schools

The Ministerial Exception and Sex Discrimination Member access only

The First Amendment generally prevents courts from resolving church employment claims.
Washington
Personal Injuries on Church Property or During Church Activities

Child Killed in Church Parking Lot Member access only

Consider taking steps to make your parking lot safer.
Federal
Clergy - Removal; Schools

Minister's Racial Discrimination Claim Dismissed Member access only

Court rules that the First Amendment bars it from resolving the claim.

Q&A

Q&A: At What Point is a Resignation Effective? Member access only

A board member can simply present a letter of resignation to the church board that is later approved by an official action.