As wrongful employment practices are steadily becoming the firmest growing litigation area, churches need to be aware of the obligations and risks they face as employers. As your clients’ ministries are evaluated, proper Church Insurance Coverage can help mitigate the potential losses resulting from these claims. Here are some common misconceptions in church employment law.
- “Our religious organization is protected by the First Amendment”- According to Christianity Today, religious organizations have restricted protection under the First Amendment in certain employment situations such as requiring employees to be of a certain faith or terminating a clergy member. To avoid litigation, consult law counsel prior to employment decisions to ensure compliance with local and federal laws.
- “Our employees are like family. They won’t sue us”- Disgruntled employees have the potential to sue, regardless of the type of working relationship they had. As discrimination lawsuits are among the most common in wrongful employment practices, churches and ministries should be aware of the potential risks. To avoid these claims, it is recommended your clients document incidents, conduct annual performance reviews, and maintain accurate records.
- “We have a small church, these laws don’t apply to us”- Federal statues such as the Americans with Disabilities Act and the Family and Medical Leave Act do require a certain number of employees to be applicable. However, state statutes are generally applicable to every business. Your clients should be familiar with the federal and state laws as they pertain to their organization.
- “We can disclose the reasons for termination to the congregation”- Confidentiality is particularly vital, especially in regards to disciplinary action or termination. Some states provide “need to know” disclosure rights, but it is advised your clients consult with a legal professional prior to divulging this information.
- “We were unaware of sexual harassment, so we aren’t liable”- Employers are typically liable for the actions and conduct of their management, regardless of being aware or not. According to the above mentioned website, an employer may be liable for sexual harassment between coworkers if the employer knew or should have known about the conduct, unless it can be shown that the employer took immediate and appropriate action. A zero tolerance policy and ample training is the best deterrent for this issue.
At Charity First, we offer comprehensive coverage to protect your clients’ churches and ministries. We strive to uphold our mission of putting customers first while providing a human based business model. We invite you to learn more about our programs by contacting our specialists today at (800) 352-2761.