Lawsuits alleging wrongful employment practices are the fastest-growing area of civil litigation today. Unfortunately, many churches and ministries are unaware of the legal risks they face as employers.

Mistaken assumptions about employment law can add to the risks. Protect your organization by asking an employment law attorney to review your ministry’s practices.

Lawsuits alleging wrongful employment practices are the fastest-growing area of civil litigation today. Unfortunately, many churches and ministries are unaware of the legal risks they face as employers.

Mistaken assumptions about employment law can add to the risks. Protect your organization by asking an employment law attorney to review your ministry’s practices. And take the following steps to avoid serious consequences from eight common misconceptions.

1. “We are a religious organization and are protected by the First Amendment.” An organization operating as a religious institution may have limited protection under the First Amendment in a few employment situations, such as terminating clergy, discussing concerns in a board meeting, or requiring certain employees to be of a specific faith. Even in these cases, you may be vulnerable to legal action.
2. “Our employees are like family. Even if they were terminated, they would not sue us.” Discrimination lawsuits have increased exponentially in the past 20 years.
3. “We only have a few employees, so the laws do not apply to our organization.”
4. “We have a right to tell our staff/congregation the reasons for disciplining or terminating an employee.” Confidentiality relating to discipline or termination is extremely important.
5. “We were not aware that sexual harassment had taken place, so we are not responsible.” With a few narrow exceptions, employers are held responsible for the acts of their supervisory employees, regardless of whether an employer prohibited or was unaware of the conduct.
6. “We can terminate employees for any reason as long as no written contract exists.” The “at will” employment doctrine states: “Absent a contract between an employer and employee, the employer may terminate an employee for any reason not prohibited by law.”
7. “If we have an employment handbook, we are protected from being sued.”
8. “Our general insurance would cover us if an employment lawsuit were filed.” Most general liability insurance and personal injury policies specifically exclude employment relationship claims. Some insurance companies now offer employment practices liability coverage.

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