Who We Are
Our Ministry
Our Cause - Beautiful orthodoxy
Stories
How to Partner
What We Do
Christianity Today
CT News & Reporting
CT Pastors
CT History
CT Books
Christian Bible Studies
Building Church Leaders
Church Law & Tax
Preaching Today
Small Groups
Women Leaders
Newsletters
Give Now
Explore
Who We Are
Our Ministry
Our Cause - Beautiful orthodoxy
Stories
Partner With Us
What We Do
Christianity Today
Building Church Leaders
Christian Bible Studies
Church Law & Tax
CT Pastors
Preaching Today
Small Groups
Women Leaders
Give by Check
Newsletters
Give Now
log in
Become a Member
Browse by Topic
Manage Finances
Budgets
Compensation & Benefits
Charitable Contributions
Internal Controls
Accounting Best Practices
Fundraising
Understand Taxes
Clergy
Income
Expenses
Exemption
Payroll & Benefits
Staff
Stay Legal
Clergy
Employment
Governance
Property
Church & State
Liability
Keep Safe
Children & Youth
Insurance
Personnel
Property
Transportation
Emergencies
Find it Fast
Quick Links
Tax Calendar
Webinars
Free eNewsletters
Richard R. Hammar
Member Only Access
Legal Library
Child Abuse Reporting Laws
Legal Developments
Premium Resources
ChurchSalary
Reducing the Risk
Church & Clergy Tax Guide
Church Compensation
Church Finance
Help & Info
Who We Are
Contact Us
|
FAQ
Customer Care
My Account
Site Map
Who We Are
Store
Legal Library
Pastor, Church & Law
by Richard R. Hammar, J.D., LL.M., CPA
Discrimination under State Laws
§8.21
Join now to access this member-only content
Become a Member
Already a member?
Log in
for full access.
< Previous
Next >
Table of Contents
1
Definitions and Status
§ 1.01
Distinctions Between the Terms Pastor, Clergy, Minister
§ 1.02
Definition of the Terms Pastor, Clergy, Minister — In General
§ 1.03
Status—Employee or Self Employed
§ 1.03.01
Social Security
§ 1.03.02
Income Taxes
§ 1.03.03
Retirement Plans
§ 1.03.04
Legal Liability
§ 1.03.05
Miscellaneous Federal and State Statutes
§ 1.04
Status—Ordained, Commissioned, or Licensed
2
The Pastor-Church Relationship
§ 2.01
Initiating the Relationship—In General
§ 2.01.01
Congregational Churches
§ 2.01.02
Hierarchical Churches
§ 2.01.03
Compliance with a Church's Governing Instrument in the Selection of a Minister
§ 2.01.04
Civil Court Review of Clergy Selection Disputes—the General Rule of Non-Intervention
§ 2.01.05
Civil Court Review of Clergy Selection Disputes—Limited Exceptions to the General Rule
§ 2.01.06
Negligent Selection
§ 2.02
The Contract
§ 2.03
Compensation
§ 2.04
Termination
§ 2.04.01
Civil Court Review of Clergy Termination Disputes—the General Rule of Non-Intervention
§ 2.04.02
Civil Court Review of Clergy Termination Disputes—Limited Exceptions to the General Rule
§ 2.04.03
Civil Court Review of Clergy Termination Disputes—"Exhaustion" of Ecclesiastical Remedies
3
Authority, Rights, and Privileges
§ 3.01
General Scope of a Minister's Authority
§ 3.02
Officer of the Church Corporation
§ 3.03
Property Matters
§ 3.04
Performance of Marriage Ceremonies
§ 3.05
Exemption from Military Duty
§ 3.06
Exemption From Jury Duty
§ 3.07
The Clergy-Penitent Privilege—In General
§ 3.07.01
A "Communication"
§ 3.07.02
Made in Confidence
§ 3.07.03
To a Minister
§ 3.07.04
Acting in a Professional Capacity as a Spiritual Adviser
§ 3.07.05
In the Course of Discipline
§ 3.08
The Clergy-Penitent Privilege—Miscellaneous Issues
§ 3.08.01
Clergy-Parishioner Relationship
§ 3.08.02
Marriage Counseling
§ 3.08.03
Who May Assert the Privilege
§ 3.08.04
When to Assert the Privilege
§ 3.08.05
Waiver of the Privilege
§ 3.08.06
The Privilege in Federal Courts
§ 3.08.07
Constitutionality of the Privilege
§ 3.08.08
Child Abuse Reporting
§ 3.08.09
Confidentiality
§ 3.08.10
Disclosure to Civil Authorities
§ 3.08.11
Church Records
§ 3.08.12
Death of the Counselee
§ 3.09
Visiting Privileges at Penal Institutions
§ 3.10
Immigration of Alien Ministers, Religious Vocations, and Religious Occupations
§ 3.11
Miscellaneous Benefits
4
Liabilities, Limitations, and Restrictions
§ 4.01
Negligence
§ 4.02
Defamation—In General
§ 4.02.01
Pastors Who Are Sued for Making Defamatory Statements
§ 4.02.02
Pastors Who Are Victims of Defamation
§ 4.02.03
Defenses
§ 4.03
Undue Influence
§ 4.04
Invasion of Privacy
§ 4.05
Clergy Malpractice
§ 4.06
Contract Liability
§ 4.07
Securities Law Violations
§ 4.08
Failure to Report Child Abuse
§ 4.09
Diversion of Church Funds
§ 4.10
State Regulation of Psychologists and Counselors
§ 4.11
Sexual Misconduct
§ 4.11.01
Theories of Liability
§ 4.11.02
Defenses to Liability
5
Definitions
§ 5.01
Tax Legislation—Federal
§ 5.01.01
Churches
§ 5.01.02
Mail Order Churches
§ 5.01.03
Other Religious Organizations
§ 5.01.04
Tax Legislation—State
§ 5.02
Zoning Law
§ 5.02.01
Churches
§ 5.02.02
Accessory Uses
6
Organization and Administration
§ 6.01
Unincorporated Associations
§ 6.01.01
Characteristics
§ 6.01.02
Personal Liability of Members
§ 6.01.03
Creation and Administration
§ 6.02
Corporations
§ 6.02.01
The Incorporation Process
§ 6.02.02
Charters, Constitutions, Bylaws, and Resolutions
§ 6.03
Church Records
§ 6.03.01
Inspection
§ 6.03.02
“Accountings” of Church Funds
§ 6.03.03
Public Inspection of Tax-Exemption Applications
§ 6.03.04
Government Inspection of Donor and Membership Lists
§ 6.03.05
The Church Audit Procedures Act
§ 6.03.06
Who Owns a Church’s Accounting Records?
§ 6.04
Reporting Requirements
§ 6.04.01
State Law
§ 6.04.02
Federal Law
§ 6.05
Church Names
§ 6.06
Officers, Directors, and Trustees—In General
§ 6.06.01
Election or Appointment
§ 6.06.02
Authority
§ 6.06.03
Meetings
§ 6.06.04
Removal
§ 6.07
Officers, Directors, and Trustees—Personal Liability
§ 6.07.01
Tort Liability
§ 6.07.02
Contract Liability
§ 6.07.03
Breach of the Fiduciary Duty of Care
§ 6.07.04
Breach of the Fiduciary Duty of Loyalty
§ 6.07.05
Violation of Trust Terms
§ 6.07.06
Securities Law
§ 6.07.07
Wrongful Discharge of an Employee
§ 6.07.08
Willful Failure to Withhold Taxes
§ 6.07.09
Exceeding the Authority of the Board
§ 6.07.10
Loans to Directors
§ 6.08
Immunity Statutes
§ 6.08.01
Directors and Officers Insurance
§ 6.09
Members—In General
§ 6.09.01
Selection and Qualifications
§ 6.09.02
Authority
§ 6.10
Members—Discipline and Dismissal
§ 6.10.01
Judicial Nonintervention
§ 6.10.02
“Marginal” Civil Court Review
§ 6.10.03
Preconditions to Civil Court Review
§ 6.10.04
Remedies for Improper Discipline or Dismissal
§ 6.11
Members—Personal Liability
§ 6.12
Meetings of Members
§ 6.12.01
Procedural Requirements
§ 6.12.02
Minutes
§ 6.12.03
Parliamentary Procedure
§ 6.12.04
Effect of Procedural Irregularities
§ 6.12.05
Judicial Supervision of Church Elections
§ 6.12.06
Who May Attend
§ 6.13
Powers of a Local Church
§ 6.14
Merger and Consolidation
§ 6.15
Dissolution
7
Church Property
§ 7.01
Church Property Disputes—In General
§ 7.02
Church Property Disputes—Supreme Court Rulings
§ 7.03
State and Lower Federal Court Rulings
§ 7.03.01
Congregational Churches
§ 7.03.02
Hierarchical Churches—the Compulsory Deference Rule
§ 7.03.03
Hierarchical Churches—Neutral Principle of Law
§ 7.04
Church Property Disputes—Dispute Resolution Procedures
§ 7.05
Transferring Church Property
§ 7.06
Zoning Law
§ 7.06.01
The Majority View: Churches May Build in Residential Zones
§ 7.06.02
The Minority View: The Government May Restrict Church Construction in Residential Zones
§ 7.06.03
Legal Remedies Available to Churches
§ 7.06.04
The Religious Land Use and Institutionalized Persons Act (RLUIPA)
§ 7.07
Restricting Certain Activities Near Church Property
§ 7.08
Building Codes
§ 7.08.01
Lead Paint on Church Property
§ 7.09
Nuisance
§ 7.10
Landmarking
§ 7.11
Eminent Domain
§ 7.12
Defacing Church Property
§ 7.13
Restrictive Covenants
§ 7.14
Reversion of Church Property to the Prior Owner
§ 7.15
Materialmen’s Liens
§ 7.16
Religious Discrimination in the Sale or Rental of Church Property
§ 7.17
Removing Disruptive Individuals
§ 7.18
Adverse Possession
§ 7.19
Accounting for Depreciation
§ 7.20
Premises Liability
§ 7.20.01
Liability Based on Status as Invitee, Licensee, or Trespasser
§ 7.20.02
Defenses to Premises Liability
§ 7.20.03
Use of Church Property by Outside Groups
§ 7.20.04
Assaults on Church Property
§ 7.20.05
Skate Ramps
§ 7.20.06
Sound Rooms
§ 7.21
Embezzlement
§ 7.22
Places of Public Accommodation
8
Employment Law
§ 8.01
Introduction: Selection of Employees
§ 8.02
New Hire Reporting
§ 8.03
Employment Eligibility Verification
§ 8.04
Immigration
§ 8.05
Negligent Selection
§ 8.06
Introduction: Compensation and Benefits
§ 8.07
Workers Compensation
§ 8.07.01
Treatment of Churches
§ 8.07.02
Compensating Employees Who Are Receiving Workers Compensation Benefits
§ 8.07.03
Dismissing Employees for Filing a Workers Compensation Claim
§ 8.08
Fair Labor Standards Act
§ 8.08.01
Enterprises
§ 8.08.02
Individual Coverage
§ 8.08.03
Federal Court Rulings
§ 8.08.04
Department of Labor Opinion Letters
§ 8.08.05
Exemptions
§ 8.08.06
Ministers
§ 8.08.07
State Laws
§ 8.08.08
Case Studies
§ 8.09
Introduction to Federal Employment and Civil Rights Laws—The “Commerce” Requirement
§ 8.09.01
Counting Employees
§ 8.10
The “Ministerial Exception” under State and Federal Employment Laws
§ 8.10.01
Cases Recognizing the Ministerial Exception
§ 8.10.02
Cases Not Recognizing the Ministerial Exception
§ 8.11
Procedure for Establishing a Discrimination Claim
§ 8.12
Title VII of the Civil Rights Act of 1964
§ 8.12.01
Application to Religious Organizations
§ 8.12.02
Application to Religious Educational Institutions
§ 8.12.03
Religion as a "Bona Fide Occupational Qualification"
§ 8.12.04
Discrimination Based on Religion or Morals
§ 8.12.05
Sexual Harassment
§ 8.12.06
The Catholic Bishop Case
§ 8.12.07
Failure to Accommodate Employees’ Religious Practices
§ 8.12.08
The Religious Freedom Restoration Act
§ 8.12.09
The Civil Rights Act of 1991
§ 8.13
The Age Discrimination in Employment Act
§ 8.14
The Americans with Disabilities Act
§ 8.14.01
Discrimination in Employment
§ 8.14.02
Discrimination in Public Accommodations
§ 8.15
Family and Medical Leave Act
§ 8.16
Employer “Retaliation” Against Victims of Discrimination
§ 8.17
Discrimination Based on Military Status
§ 8.18
Employee Polygraph Protection Act
§ 8.19
Occupational Safety and Health Act
§ 8.20
Display of Posters
§ 8.21
Discrimination under State Laws
§ 8.21.01
General Employment Discrimination Laws
§ 8.21.02
Discrimination Based on Sexual Orientation
§ 8.21.03
Discrimination Based on Use of Legal Substances
§ 8.22
Termination of Employees
§ 8.22.01
Severance Agreements
§ 8.23
National Labor Relations Act
§ 8.24
Reference Letters
§ 8.25
Employee Evaluations
§ 8.26
Employment Interviews
§ 8.27
Arbitration
§ 8.28
Employee Handbooks
§ 8.29
Employee Privacy
§ 8.30
Insurance
9
Government Regulation of Churches
§ 9.01
Introduction
§ 9.02
Regulation of Charitable Solicitations
§ 9.03
Limitations on Charitable Giving
§ 9.04
Federal and State Securities Law
§ 9.05
Copyright Law
§ 9.05.01
Copyright Ownership
§ 9.05.02
Works Made for Hire
§ 9.05.03
Exclusive Rights
§ 9.05.04
Infringement
§ 9.05.05
The "Religious Service" Exemption to Copyright Infringement
§ 9.05.06
Electronic Media
§ 9.05.10
Other Exceptions to Copyright Infringement
§ 9.06
Government Investigations
§ 9.07
Judicial Resolution of Church Disputes
§ 9.08
Political Activities by Churches and Other Religious Organizations
§ 9.09
Bankruptcy Law
10
Church Legal Liability
§ 10.01
Negligence as a Basis for Liability—In General
§ 10.02
Vicarious Liability (Respondeat Superior)
§ 10.02.01
The Requirement of Employee Status
§ 10.02.02
Negligent Conduct
§ 10.02.03
Course of Employment
§ 10.02.04
Inapplicability to Nonprofit Organizations
§ 10.03
Negligent Selection of Church Workers—In General
§ 10.04
Negligent Selection of Church Workers—Sexual Misconduct Cases Involving Minor Victims
§ 10.04.01
Court Decisions Recognizing Negligent Selection Claims
§ 10.04.02
Court Decisions Rejecting Negligent Selection Claims
§ 10.04.03
Risk Management
§ 10.04.04
The Relevance of Sexual Orientation in Selecting Youth or Children’s Workers
§ 10.05
Negligent Selection of Church Workers—Sexual Misconduct Cases Involving Adult Victims
§ 10.05.01
Court Decisions Recognizing Negligent Selection Claims
§ 10.05.02
Court Decisions Rejecting Negligent Selection Claims
§ 10.05.03
Risk Management
§ 10.06
Negligent Selection of Church Workers—Other Cases
§ 10.07
Negligent Retention of Church Workers—In General
§ 10.07.01
Court Decisions Recognizing Negligent Retention Claims
§ 10.07.02
Court Decisions Rejecting Negligent Retention Claims
§ 10.07.03
Risk Management
§ 10.08
Negligent Supervision of Church Workers—In General
§ 10.09
Negligent Supervision of Church Workers—Sexual Misconduct Cases Involving Minor Victims
§ 10.09.01
Court Decisions Recognizing Negligent Supervision Claims
§ 10.09.02
Court Decisions Rejecting Negligent Supervision Claims
§ 10.09.03
Risk Management
§ 10.10
Negligent Supervision of Church Workers—Sexual Misconduct Cases Involving Adult Victims
§ 10.10.01
Court Decisions Recognizing Negligent Supervision Claims
§ 10.10.02
Court Decisions Rejecting Negligent Supervision Claims
§ 10.10.03
Risk Management
§ 10.11
Negligent Supervision of Church Workers—Other Cases
§ 10.11.01
Risk Management
§ 10.12
Counseling—In General
§ 10.12.01
Risk Management
§ 10.13
Breach of a Fiduciary Duty
§ 10.13.01
Court Decisions Recognizing Fiduciary Duty Claims
§ 10.13.02
Court Decisions Rejecting Fiduciary Duty Claims
§ 10.13.03
Risk Management
§ 10.14
Ratification
§ 10.15
Defamation
§ 10.16
Defenses to Liability
§ 10.16.01
Contributory and Comparative Negligence
§ 10.16.02
Assumption of Risk
§ 10.16.03
Intervening Cause
§ 10.16.04
Statutes of Limitations
§ 10.16.05
Charitable Immunity
§ 10.16.06
Release Forms
§ 10.16.07
Insurance
§ 10.16.08
Other Defenses
§ 10.17
Damages—In General
§ 10.17.01
Punitive Damages
§ 10.17.02
Duplicate Verdicts
§ 10.18
Denominational Liability—In General
§ 10.18.01
Court Decisions Recognizing Vicarious Liability
§ 10.18.02
Court Decisions Rejecting Vicarious Liability
§ 10.18.03
Defenses to Liability
§ 10.18.04
Risk Management
§ 10.18.05
The Legal Effect of a Group Exemption Ruling
§ 10.19
Risks Associated with Cell Phones
§ 10.20
Risks Associated with the Use of 15-Passenger Vans
11
A Summary of Constitutional History
12
The Present Meaning of the First Amendment Religion Clauses
§ 12.01
The Establishment Clause
§ 12.01.01
The Lemon Test
§ 12.02
The Free Exercise Clause
§ 12.02.01
The Smith Case
§ 12.02.02
The Religious Freedom Restoration Act
§ 12.02.03
The City of Boerne Case
§ 12.02.04
Conclusions
13
Significant First Amendment Issues
§ 13.01
The Right to Witness
§ 13.02
Prayer on Public Property other than Schools
§ 13.03
Prayer During Public School Activities
§ 13.04
Display of Religious Symbols on Public Property
§ 13.05
Recurring Use of Public Property by Religious Congregations for Religious Services
§ 13.06
Nonrecurring Use of Public Property by Adults for Religious Events and Activities
§ 13.07
Use of Public School Property by Students for Religious Purposes
§ 13.08
Sunday Closing Laws
§ 13.09
The Right to Refuse Medical Treatment
§ 13.10
Definition of "Religion" and "Religious"
SHARE
tweet
email
print
SHARE
tweet
share
expand
email
print