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Negligent Retention of Church Workers—In General  §10.07

Key point 10-07. A church may exercise reasonable care in selecting ministers or other church workers but still be responsible for their misconduct if it "retained" them after receiving information indicating that they posed a risk of harm to others.

A church may use reasonable care in selecting ministers or other church workers but still be responsible for their misconduct if it "retained" them after receiving information indicating that they posed a risk of harm to others.

Example. A visitor attends a church service and recognizes the church's associate pastor as a convicted child molester. No one else in the church is aware of the associate pastor's background. The visitor discloses this fact in a letter to the senior pastor, who shares it with the church board. The board decides not to take any action. It bases its decision on the fact that the associate pastor is well-liked by the congregation, and that the incident of child molestation occurred ten years ago. Several months later, the board learns that the associate pastor molested a child on church premises. The victim and her family sue the church. They claim that the church is responsible for the victim's injuries on the basis of negligent retention. That is, the church retained the pastor after receiving information suggesting that he represented a risk to others.
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