Safe At Church
Negligent hiring is when a church hires an employee or appoints a volunteer without properly investigating the person’s background or confirming the information provided on their application and it is later discovered that the individual has a background indicating a propensity for misconduct. If the person commits a crime or other inappropriate behavior while acting on behalf of the church, the church could be held liable in a lawsuit. Paul told the Ephesians, “Have nothing to do with the fruitless deeds of darkness, but rather expose them.” .....
During the past twenty years misconduct by those participating in church ministry has dramatically increased. As a result, civil lawsuits and negative media attention have also increased. These incidents are devastating to the persons involved, their families, the church, the denomination, and the community. When misconduct occurs, however, church and denominational leaders often fail to deal adequately with the perpetrators.......
we are aware of many situations in which those who provide services at a church, both compensated and volunteer, have committed acts that are inappropriate, sinful, and sometimes even criminal. To complicate matters even more, churches must take a close look at individuals who have committed crimes or other inappropriate behavior prior to conversion. Of course, forgiveness has been granted, but the church has no obligation to place them in leadership positions that will jeopardize the safety of others......
Negligent retention occurs when a church retains employees or volunteers after evidence was discovered that they had committed behavior that otherwise would have excluded them from employment, and they later cause harm or injury to others. Liability is created when the church retains unethical, dangerous, or otherwise unsatisfactory employees or volunteers.
Many church leaders make the mistake of ignoring problems of behavior exhibited by paid staff and volunteers in the hope they will disappear. Some even become unwitting accomplices by looking the other way, thereby condoning such behavior. Church leaders should make employment decisions based on investigation and logic rather than by “good feelings” and wishful thinking......
The Issue of Liability:
In our litigious society, businesses as well as churches have a duty to protect the congregation and staff from those who might pose a risk of harm. In addition, the church must also be concerned about the possible consequences of failing to conduct adequate background investigations of individuals they allow to participate in church ministry, again both salaried and volunteer.
This entails taking proactive steps to protect the public and prevent a successful lawsuit. Whether we like to think about the church in this way or not, the church is, after all, a business, and therefore must be operated utilizing certain business principles.....
Now more than ever before it is important for churches to make a reasonable investigation into the fitness of those they allow to participate in church ministry.
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