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Pastor, Church & LawMember access only

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

Employee Evaluations 

§ 8.25
Key Point 8-25. Employers often evaluate some or all of their employees on a periodic basis. Such evaluations can help employees be more productive, but they also can be used as evidence of discrimination if an employee who is a member of a protected class under a state or federal employment law is terminated despite average or above-average evaluations.

Many churches perform periodic evaluations of their employees. In many cases, supervisors give inflated evaluations in order to avoid conflict. This common practice can expose a church to an increased risk of liability for employees who are protected by a state or federal employment discrimination law. To illustrate, let's say that a church decides to fire a 62-year-old custodian. The custodian has worked for the church for 15 years, and throughout this entire time her work has been inefficient and of poor quality. However, her supervisor ...

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