Jump directly to the content

Can a Denomination Be Held Responsible for a Pastor's Sexual Misconduct?

The answer hinges on whether the pastor is considered an employee of the denomination.

Key point 10-02.1. Employers may be liable on the basis of respondeat superior only for the acts of employees.

Key point 10-18.2. Most courts have refused to hold denominational agencies liable for the acts of affiliated ministers and churches, either because of First Amendment considerations or because the relationship between the denominational agency and affiliated church or minister is too remote to support liability.

A Texas court ruled that a national church was not responsible on the basis of respondeat superior or negligence for a pastor's sexual misconduct; and, that use of the denominational name in the local church's name did not impose on the national church any duty to investigate pastors who served its affiliated churches. A woman (the "plaintiff") claimed that in 1990 several woman in her church complained to the denomination (the "national church") with which the church was ...

Log In For Full Access

Interested in becoming a member? Learn more.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Related Topics:
Posted:
  • May 1, 2012

Related ResourcesView All

50-State Religious Freedom Laws Report
50-State Religious Freedom Laws Report
A review of State Laws and court decisions affecting church leaders
Pastor, Church & Law, Fifth Edition
Pastor, Church & Law, Fifth Edition
Learn which local, state, and federal laws apply to religious organizations.
Essential Guide to Employment Issues for Church Boards
Essential Guide to Employment Issues for Church Boards
Covers selection and screening, dispute resolution, terminations, discrimination, and minimum wage.