Category: employment

Wis. Ct. App.: Church Daycare Cook Cannot Sue Based on Prohibition against Cohabitation

Wis. Ct. App.: Church Daycare Cook Cannot Sue Based on Prohibition against Cohabitation. The cook had signed a “Statement of Affirmation and Agreement” that prohibited cohabitation with “members outside of marriage.” When the church informed her that it could not permit her to continue living with her boyfriend, she quit and later sued. The court affirmed an employment commission’s decision based on, among other reasons, its determination that the cook resigned, so the church did not take an adverse employment action against her. The Christian Post reports on the decision here. Read the per curiam decision from a three-judge panel here.

N.D. Ga.: Ecclesiastical Abstention Doctrine bars court from deciding “representative status” in Bishop’s suit seeking indemnification of legal fees

N.D. Ga.: Ecclesiastical Abstention Doctrine bars court from deciding “representative status” in Bishop’s suit seeking indemnification of legal fees. The Church Litigation Update covers the case, Kawimbe v African Methodist Episcopal Church, Inc., Opinion and Order (N.D. Ga. Aug. 27, 2021), here. You can read the decision here.

“Bylaws: Indemnification”

“Bylaws: Indemnification” Every set of church and related ministry bylaws should address whether, to what extent, and under what conditions the legal and related costs of board members, employees, and other agents will be covered. Gene Takagi at Nonprofit Law Blog has a good overview here. Takagi’s piece includes a list and brief description of related types of insurance. It also mentions a couple specific items related to California law as well as a relevant section of a California statute that may not apply to your organization. Make sure to consult a legal professional in your jurisdiction.

W.D. N.C.: Catholic high school liable for firing teacher in same-sex marriage

W.D. N.C.: Catholic high school liable for firing teacher in same-sex marriage. The court rejected defenses based on the First Amendment—including the Ministerial Exception— Title VII, and the Religious Freedom Restoration Act, among others. Religion Clause reports on the decision here. Read the decision here: Billard v. Charlotte Catholic High School, (W.D. N.C., Sept. 3, 2021).

FREE WEBINAR: Top Legal Considerations for a Post-Pandemic Church

FREE WEBINAR: Top Legal Considerations for a Post-Pandemic Church. On May 20 at 1:00 p.m. E.D.T., the Evangelical Council for Financial Accountability will host a free webinar featuring Erika E. Cole, who will discuss legal issues church leaders should consider in the coming months. The issues include commercial property, mergers, employment, and more. Click here to register and learn more.

FREE “The Church Law & Finance Virtual Conference” Sept. 24

FREE “The Church Law & Finance Virtual Conference” Sept. 24. Whiteford, Taylor & Preston, LLP & Aronson, LLC present a free conference several timely topics. The conference consists of several presentations from 10:00 a.m.–1:00 p.m. E.D.T. Register here.

“7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action”

“7th Circuit: Ministerial Exception Does Not Cover Hostile Work Environment Claims, Absent Tangible Employment Action.” Religion Clause summarizes the decision here.