Category Archives: Liability
Safeguarding Your Sanctuary – Asset Protection for Churches and Nonprofits
By H. Robert Showers, Esq. Introduction A church or nonprofit’s corporate structure is vital for both its long-term maintenance and day-to-day operations—but a single corporate structure no longer suffices to protect and provide all available advantages. The 21st century has seen an uptick in secular lawsuits that purposefully target churches and religious nonprofits. This,… Read More »
3 Legal Strategies to Decrease Your Liability
By Kyle Winey, Esq. I. The Need for Liability Limitation We live in a highly litigious culture. Businesses, nonprofits, and other organizations are increasingly exposed to legal liability. For example, businesses increasingly fear the vitriol of litigious patrons—and for good reason. That’s why all businesses, nonprofits, and churches should take significant measures to protect… Read More »
West Virginia’s Complicated Relationship with Church Incorporation
By H. Robert Showers, Esq. and Justin R. Coleman, Esq. West Virginia’s current Constitution prohibits the State from allowing any church under its authority to incorporate, making it the last state not to allow church incorporation. Article VI, Section 47 of the West Virginia Constitution explicitly states: “No charter of incorporation shall be granted… Read More »
New Sexual Orientation and Gender Identity Law in Virginia: Ramifications for Religious Employers and Others
New Sexual Orientation and Gender Identity Law in Virginia: Ramifications for Religious Employers and Others By William R. Thetford, Esq. and H. Robert Showers, Esq. Last Updated: August 25, 2020 The legislative session of 2020 has radically transformed the legal climate of the Commonwealth of Virginia. This article analyzes the controversial Virginia Values Act… Read More »
How to Investigate a Sexual Harassment Allegation
How to Investigate a Sexual Harassment Allegation Seven steps to take when an allegation arises—and when outside help may prove wisest. By William R. Thetford Jr. Esq. and H. Robert Showers Esq. Every church should have a carefully crafted and legally sound policy to address sexual harassment. Such a policy can help guide and protect… Read More »
Seven Steps for Creating an Effective Sexual Harassment Policy
Seven Steps for Creating an Effective Sexual Harassment Policy By William R. Thetford Jr. Esq. and H. Robert Showers Esq. Updated July 1, 2020 A carefully crafted policy not only can provide protection for all involved, but also can serve as a deterrent. The #MeToo and #ChurchToo movements have captured headlines and national attention in recent… Read More »
What You Don’t Know Will Hurt You: Myths and Misconceptions About Church/Nonprofit Employment Liability
Lawsuits alleging wrongful employment practices are the fastest-growing area of civil litigation today. In fact, according to church and non-profit insurers, well over half of the claims annually stem from employment problems such as wrongful termination, discrimination, sexual harassment, disability, or other employment related claims. Unfortunately, many churches and nonprofits are unaware or treat… Read More »
Church Third Party Use Agreements: What You Don’t Know Can Hurt You!
Renting or allowing use of church and ministry facilities has many new added risks: child abuse liability, unwanted purposes (same sex marriages) or activities on premises (illegal or risky), liability that is not covered by insurance or renters’ indemnity, and getting dragged into court by renter/user for some unforeseen offense. The optimum “Church Facilities… Read More »
