Jump directly to the content

Can a Denominational Office Be Held Liable for a Pastor's Sexual Misconduct?

The answer depends on several factors.

Key point 10-05.2. Some courts have found churches not liable on the basis of negligent selection for the sexual misconduct of a minister or other church worker involving another adult since the church exercised reasonable care in the selection of the worker.

Key point 10-10.2. Many courts have ruled that the First Amendment prevents churches from being legally responsible on the basis of negligent supervision for the sexual misconduct of ministers.

Key point 10-13.2. 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. In some cases, this result is based on First Amendment considerations.

The Massachusetts Supreme Judicial Court ruled that a denominational agency was not liable on the basis of breach of a fiduciary duty, or negligent hiring or supervision, for a sexual relationship ...

Join now to access this member-only content

Become a Member

Already a member? for full access.

Related Topics:
Posted:
  • January 1, 2010

Related ResourcesVisit Store

Sexual Harassment in the Christian Workplace - Executive Report 2020
Sexual Harassment in the Christian Workplace - Executive Report 2020
An inside look at the 2020 Church and Parachurch Ministries Workplace Environment Study
Sex Offenders in the Church
Sex Offenders in the Church
Legal and safety concerns to address when dealing with a sex offender.
Understanding Pastoral Liability
Understanding Pastoral Liability
Know the situations in which a pastor is personally liable for wrongdoing.