Jump directly to the content

Jurisdiction Over Hiring Claims Different vs. Supervision Claims

First Amendment prevents court from resolving negligent hiring claim but not negligent supervision claim.

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 10-09.1. Some courts have found churches liable on the basis of negligent supervision for a worker's acts of child molestation on the ground that the church failed to exercise reasonable care in the supervision of the victim or of its own programs and activities.

* A Tennessee court ruled that the First Amendment guaranty of religious freedom prevented it from resolving a negligent hiring claim brought by a victim of childhood sexual abuse against the offending priest and his diocese, but did not prevent it from resolving a negligent supervision claim. In rejecting the victim's negligent hiring claim against the diocese, the court observed: "The exercise of jurisdiction over matters pertaining ...

Join now to access this member-only content

Become a Member

Already a member? for full access.

Related Topics:
Posted:
  • September 1, 2011

Related ResourcesVisit Store

Church Governance
Church Governance
What leaders must know to conduct legally sound church business.
Sex Offenders in the Church
Sex Offenders in the Church
Legal and safety concerns to address when dealing with a sex offender.
Essential Guide to Liabilities and Duties for Church Boards
Essential Guide to Liabilities and Duties for Church Boards
Be aware of ways you can expose yourself to personal legal liability.
The 4 Hour Legal Training Program for Church Boards
The 4 Hour Legal Training Program for Church Boards
Understand key legal concepts necessary to protect the board and the church.