Church Law & Tax Report
September/October 2009
Feature Article

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 
Prohibits employment discrimination based on sexual orientation or gender identity.
News You Can Use 
Congress to consider creative solutions for maintaining funding.
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Employment Practices; Overtime Pay
Job Applicant Sues Church-Operated School for Age Discrimination 
Avoid discriminatory hiring practices.
Personal Injuries on Church Property or During Church Activities
Church Held Liable for Child's Day Care Injury 
A church may be held liable for a child's injuries despite a lack of evidence of how they occurred.
Defamation
Former Music Director's Defamation Claim Dismissed 
Truth is nearly always a defense to defamation.
Defamation
Church Member's Defamation Suit Dismissed 
Defamation usually cannot be proved without evidence of a false statement.
Employment Practices; Overtime Pay
Church Employee Sues for Overtime Wages 
Have an attorney who is familiar with FLSA review your policy manual.
Employment Practices; Overtime Pay
Interference with Contract 
Student sues official who informed a potential employer of his arrest.
Clergy - Removal; Schools
The Ministerial Exception and Disability Discrimination 
The First Amendment generally bars courts from resolving church employment disputes.
Clergy - Removal; Schools
The Ministerial Exception and Sex Discrimination 
The First Amendment generally prevents courts from resolving church employment claims.
Personal Injuries on Church Property or During Church Activities
Child Killed in Church Parking Lot 
Consider taking steps to make your parking lot safer.
Clergy - Removal; Schools
Minister's Racial Discrimination Claim Dismissed 
Court rules that the First Amendment bars it from resolving the claim.
Q&A
Q&A: At What Point is a Resignation Effective? 
A board member can simply present a letter of resignation to the church board that is later approved by an official action.