Marriage and Sexual Conduct are legal and financial risk areas for churches and ministries. 50% of the separation agreements we do for churches are because of issues related to marriage, inappropriate relationships, and pre-marital sex. We often hear from HR staff that questions around intimate topics, like relationships and marriages, are not permitted by law because of privacy or labor law requirements. However, these prohibitions are often not a reality. You have incredible freedom to address marriage, gender, and sexuality issues with your staff.
Marriage and sexuality are very important for your staff, and as such, problems can be financially costly. Legal fees can range between $3,000 and $25,000. Not including severance, counseling fees, and lost donors.
Properly dealing with sexual misconduct is vital to the health of an organization. It is important that leaders understand the gravity and legal risks of their decisions regarding misconduct. Below are two common examples we see play out inside ministries and some of the legal action an individual or organization is exposed to.
1. A Male pastor counsels a woman once a week for several months. They begin texting and ultimately have an affair. What are the risks?
a. Criminal – Texas Penal Code 22.011
b. Civil Liability – Civil Remedies Code 81.001
c. Reputational
d. Negligent Hiring
2. A Pastor has a history of acting inappropriately and is reprimanded. After two years, he sexually harassed a female co-worker. What are the risks?
a. Sexual harassment/hostile work environment
b. Negligent retention
Being aware of the legal risks can help leadership properly address issues.
Most ministerial codes of conduct focus on behaviors ministry staff should avoid, but rarely do they encourage and strengthen the marriages and relationships already existing.
Codes of conduct usually include rules regarding communicating with the opposite sex but rarely include encouraging marriage counseling. They usually include rules about hugging but rarely include encouraging (even paying) staff spouses to participate in ministry. They usually include rules about being alone with the opposite gender, but they rarely include encouraging family/couple vacations.
While having clear guidelines for acceptable behavior is incredibly important to the integrity of our institutions, strengthening and encouraging existing relationships is equally important and effective. For example, counseling is usually only offered after an affair or some sort of misconduct. Making counseling available for your staff is an incredibly effective way of investing back into their health.
Having a lawyer help craft policies and plans around marriage, sexuality, and codes of conduct helps ministry leaders lead their teams more effectively. If you don’t already have a trusted law team, we would love to help.
Sexual Harassment training is also incredibly important and recommended for all employers. Though not all states require sexual harassment training, it is a very effective tool in bringing understanding and health to a legal vulnerability in the workplace. If you are interested in having Sexual Harassment training in your organization, please reach out to us.
The information provided in this article does not, and is not intended to, constitute legal advice or investment advice; instead, all information, content, and materials available in this article are for general informational purposes only. The information contained in this article may not constitute the most up-to-date legal or other information. This article contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the author does not recommend or endorse the contents of the third-party sites.
Readers of this article should contact their attorney to obtain advice with respect to any particular legal matter.
Anthony & Sparkman, PLLC is a law firm with attorneys located in both Dallas/Fort Worth and Kalispell, Montana, that provides legal counsel to both churches and nonprofits around the world. John Anthony & Michele Sparkman have spent over a decade providing general counsel to churches and nonprofits on issues ranging from incorporation, governance, employment, policies and procedures, taxes, succession planning, real estate development, and much more. For more information, visit our website at www.thenonprofitteam.com.
