ABA Section of Business Law
eSource
Advising a Religious Organization
- When helping a religious organization set up its programs, pay particular attention to potential liability issues. This is a sensitive issue for many congregations, particularly smaller congregations where most parties know one another. However, liability is expanding for churches and other religious organizations and it is important to advise the client of potential risks. The organization may well be responsible for acts of a volunteers as well as staff. This is particularly true of children's programs. Advise the client to seek background checks for all workers who will deal with children. It is also a good idea to create a regular structure for minimizing risk situations. For example, requiring all children's programs to have a least 2 workers present, requiring that meetings be held on organization premises rather than in a private home, referring congregants only to licensed counselors and training and supervising all volunteers. For an expanded discussion see Chapter 7 of the Guide to Representing Religious Organizations, recently released by the ABA. This publication addresses critical issues and risk factors of concern for religious organizations ranging from formation and governance, to taxes, fundraising and employment issues, and property rights.
