Journal Facts

Journal
Journal of Individual Employment Rights
ISSN
1055-7512 (print) 1541-3799 (electronic)
Volume
12
Issue
1
Date
4/1/2005

Article Facts

Title
WHEN SHEPHERDS RAVAGE THE SHEEP: THE LIABILITY OF RELIGIOUS ORGANIZATIONS FOR SEXUAL MISCONDUCT BY CLERGY
DOI
10.2190/BNVU-XQGL-BXHB-CRFF
Authors
  • CHRISTINE W. LEWIS
  • SARA B. KISER
Pages
45-66
Online Date
10/24/2006

Article Links

WHEN SHEPHERDS RAVAGE THE SHEEP: THE LIABILITY OF RELIGIOUS ORGANIZATIONS FOR SEXUAL MISCONDUCT BY CLERGY

CHRISTINE W. LEWIS
SARA B. KISER

DOI: 10.2190/BNVU-XQGL-BXHB-CRFF

Abstract

There is a growing trend in the United States of parishioners suing their churches for sexual misconduct by clergy. The courts will not recognize a lawsuit based on clerical malpractice for fear of violating the First Amendment. However, because of the scope of the problem, courts are instead finding for plaintiffs on the basis of a variety of torts, such as breach of fiduciary duty, negligent hiring, negligent retention and supervision, and intentional infliction of emotional distress. This article explores the breadth of the problem, the actions that have been brought, the application of the First Amendment, and solutions for churches.

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