Jump directly to the content

Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Negligent Selection

Volume 1 . Chapter 2 . § 2-01.6

In recent years many churches and denominational agencies have been sued because of the misconduct of clergy. Many cases have involved sexual misconduct. In most of these cases, liability is based on negligent selection. That is, the church or denominational agency failed to exercise reasonable care in the selection of the minister.

To illustrate, a church employs a new youth minister without any investigation into his background. Within a few months the minister is charged with child molestation. Only then do church leaders learn that the minister left his previous church because of similar misconduct. The church may be sued on the basis of negligent selection—it failed to exercise reasonable care in the selection of the minister. This ...

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.



Experience a whole new way to set compensation. Eliminate the guesswork – get access to detailed compensation reports in just minutes.

Managing Church Facility Use

Managing Church Facility Use  Member access only

Find insights to equip your church to host members and strangers.
Understanding Labor Laws

Understanding Labor Laws Member access only

Best practices for complying with regulations that pertain to hiring, firing, paying, disciplining, and supervising ministry employees.