Court Decisions Rejecting Negligent Supervision Claims Key point 10-10.02. Many courts have ruled that the First Amendment prevents churches from being
Risk Management Key point 10-10.03. Churches can reduce the risk of liability based on negligent supervision for
Risk Management Key point 10-11.01. Churches can reduce the risk of liability based on negligent supervision for
The Requirement of Employee Status Key point 10-02.01. Employers may be liable on the basis of respondeat superior only for
Negligent Conduct The doctrine of respondeat superior imputes an employee’s negligence to his or her employer. The
Negligent Supervision of Church Workers—Sexual Misconduct Cases Involving Adult Victims Many of the cases in which churches have been sued for negligent supervision involve incidents
Negligent Selection of Church Workers—Sexual Misconduct Cases Involving Adult Victims Key point 10-05. A church may be liable on the basis of negligent selection for
Counseling—In General Key point 10-12. Churches face a number of legal risks when they offer counseling services
Negligent Supervision of Church Workers—Other Cases Key point 10-11. A church may be legally responsible on the basis of negligent supervision
Negligent Supervision of Church Workers—Sexual Misconduct Cases Involving Minor Victims Many of the cases in which churches have been sued for negligent supervision involve incidents
Negligent Supervision of Church Workers—In General Tip. A number of courts, in addressing the question of whether clergy are employees or
Negligent Retention of Church Workers—In General Key point 10-07. A church may exercise reasonable care in selecting ministers or other church
Negligent Selection of Church Workers—Other Cases Key point 10-06. A church may be legally responsible on the basis of negligent selection
Negligent Selection of Church Workers—Sexual Misconduct Cases Involving Minor Victims Resource. For comprehensive training for church leaders, staff, and volunteers, see R. Hammar, Reducing the
Vicarious Liability (Respondeat Superior) Richard R. Hammar, J.D., LL.M., CPA Key point 10-02. The doctrine of respondeat superior imposes
Negligent Selection of Church Workers—In General One of the most significant legal risks facing churches is negligent selection. The term negligence
Negligence as a Basis for Liability—In General Key point 10-01. Negligence is conduct that creates an unreasonable risk of foreseeable harm to
Reference Letters Key Point 8-24. A reference letter is a letter that evaluates the qualifications and suitability
Are Criminal Background Checks Legally Required for Youth Ministry Workers? A historic recent case helps answer this question. Richard R. Hammar
Protect Your Church with Reference and Background Checks 4 tips on using these well when hiring a new pastor. William Vanderbloemen