Ascending Liability Claims
National churches will not necessarily be held liable for the acts of local affiliates.
Denominations
Neutral Principle of Law Applied to Church Property Dispute
In many cases, a court may resolve a dispute over church property.
Are Churches and Affiliated Organizations Separate Entities?
A church and its affiliate may be considered a "single employer."
Governing Well
What every church leader should know about bylaws.
Defenses to Discrimination Lawsuits
Know how to defend your ministry in the event of a discrimination lawsuit.
Missionary Molests Minor: Is the National Church Liable?
Court rules that crime was not reasonably forseeable.
Denominational Agency Employee Sues for National Origin Discrimination
Employers generally cannot be sued for discrimination based on isolated comments.
Sexual Harassment Suit Proceeds Against Local Church, but Not Denomination
Denominations are not held liable for acts of individual churches.
Church Disaffiliation Property Dispute
Court rules that national church holds title to local church’s property.
Church Property and Denominational Ownership
A California court ruled that a provision in a church's deed that required church property to revert to a denominational agency was legally enforceable by the civil courts.
Property Disputes and Bylaws
Churches and denominational agencies can avoid church property disputes by adopting appropriate nondoctrinal language in deeds, trusts, local church bylaws, or denominational bylaws.
The “Bar Association” Analogy
A Minnesota court recognizes an important principle.
Determining Church Property Ownership
Most church property disputes are resolved on the basis of neutral principles of law contained in deeds, local church charters and bylaws, and denominational bylaws.
Discrimination Liability for Churches of Less Than 15 Employees
A federal district court in South Carolina ruled that only employers with at least 15 employees are subject to the nondiscrimination provisions of Title VII of the Civil Rights Act of 1964.
Breach of Fiduciary Duty
Several courts have refused to hold churches and denominational agencies liable on the basis of a breach of a fiduciary duty for the sexual misconduct of a minister.
Denominational Legal Responsibility for Local Churches
There are several legal defenses available to a denominational agency that is sued as a result of the acts or obligations of affiliated clergy and churches.
Sexual Harassment and Church Employees
A federal court in New York ruled that a local church and denominational agency could be sued for the sexual harassment of a church employee by two pastors.
Legal Owners of Church Property
A New York court ruled that a parent denomination held title to the property of a local church that voted to disaffiliate from the denomination.
Age Discrimination and Denomination Policy
A minister's age discrimination lawsuit challenging a denominational policy requiring the retirement of ministers at 70 years of age was barred by the federal Religious Freedom Restoration Act.
Negligent Supervision and Sexual Offenses
A court rejected a plaintiff's attempt to treat national, regional, and local churches as a "single employer" for liability purposes.