Main menu

Practice Areas

Minister Appellate Judge Child Business

An Unusual Perspective in the Clash of Rights—Thomas Berg’s “Progressive Arguments for Religious Organizational Freedom: Reflections on the HHS Mandate”

Thomas Berg has written an interesting article suggesting that progressives should improve their commitment to religious liberty for traditionalists. Progressives understand, forinstance, that the recent HHS contraceptive mandate impinges on religious liberty. But, as they will tell you, they just don’t care when the issue is one that is important to them, such as access to reproductive choice or gay rights.

Read more...

Part 1: Prefield Screening - a statute with a cute little name

GINA is 7 years old now, but she’s not a sweet little girl. The acronym stands for the Genetic Information Nondiscrimination Act, passed in 2008, and it is intended to prevent employers from acquiring genetic information about employees and/or discriminating against them on that basis, particularly using that information in the hiring process. Sounds like a no-brainer. As we acquire more genetic information about ourselves, we don’t want it used against us. 

Read more...

Employee Discipline and Termination - Part 5: Passing On Information

One of many tough aspects to child abuse investigation is the level of accountability organizations can incur if a perpetrator goes on to abuse other children. If an organization knows or suspects a problem in that area, and lets the person go, but doesn't share that information, ... 

Read more...

Passing on the Pastor: Sexual Abuse and Public Statements About Ministerial Qualifications

passing the pastorIf a religious organization believes that a minister or other employee has engaged in inappropriate sexual behavior, what responsibility does it have to notify others? How does child sexual abuse change the rules for normal termination procedure? Those who become victims of that person insist it is the organization’s duty to share that information. Employees who have been terminated for such behavior say sharing such information is a breach of confidence amounting to defamation. 

Read more...

Employee Discipline and Termination - Part 4: Collateral Damage

deliberationHi Brent, In your scenario, the undesirable employee is a toxic person, who has done illegal or unethical things. That is completely different from my proposed scenario, and now we are in the situation where they do need to be removed quite promptly, perhaps even “marched out the door.” 

Read more...

"Survey of Nonprofit Risk Management"--What Does it Say?

In June 2013, Crystal & Company, which is a large risk and insurance advisor, put out a “Survey of Nonprofit Risk Management.” The survey studied large nonprofits, with the smallest ones surveyed having revenues of $25 million to $50 million. For many nonprofits, that seems like a different world. Still, it highlighted some principles useful to all nonprofits.

Read more...

© Telios Law