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Employment Essentials
What you should know about hiring and firing.
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A generation ago, most churches employed one pastor and possibly part-time help for custodial or clerical work. But times have changed. Now churches have several ministers on staff, paid custodians, facility engineers, sound and lighting engineers, day care staff, kitchen staff, music staff, and more. As the size of a church's staff grows so does its responsibility as an employer. Therefore, church leaders must be aware of the laws that govern hiring and firing to avoid litigation. A good dose of planning and common sense remains the best protection. Rex Frieze, a church consultant and certified public accountant in Orlando, Florida, says that employment litigation involving churches is on the rise, both because churches are hiring more people and because churches are not immune to society's litigation craze. "If people aren't treated fairly, they know they can turn to the courts," Frieze says. Under the LawSo what laws apply to churches as employers? In most cases, the same ones that apply to any business. And Stephen Chawaga, an attorney at Monteverde McAlee & Hurd in Philadelphia, Pennsylvania, (see "The Ten Deadly Lawsuits,") points out that as churches employ more people their responsibilities change. "Churches may find themselves subject to different laws as they grow in size," he says. "For example, some occupational health and safety statutes generally apply to businesses with more than 15 or 20 employees and that will include churches, even if they haven't noticed that they have slipped over that line." Nonetheless, there are a couple of major exemptions for churches when it comes to hiring and firing. Churches, unlike businesses, are allowed to hire and fire based on religious matters. For example, a decade ago in Benton Harbor, Michigan, the Fairplain Assembly of God fired an employee of its Wee Care Day Care because her supervisors discovered she was living with her fiance. The Michigan attorney general's office filed suit against the church, claiming that the worker had been unlawfully discriminated against based on marital status. However, the church's attorney, David Kallman, said that the day care center was a ministry of the church, and, as such, the church's prohibition of unmarried cohabitation by employees was an enforceable rule. The state eventually dropped the suit. The other major exception granted to churches in employment matters involves ordained personnel. Laws about the separation of church and state prohibit the state from getting entangled in matters of religion. Michael Snapper, an attorney with Miller, Johnson, Snell & Commiskey in Grand Rapids, Michigan, says that the courts often have declined to get involved in the relationship between a church and its minister because that relationship is wrapped up in matters of theology and religion. |             |
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