do the sexual harrasment laws apply for employees who work for churches?

Question

a freind of mine who works ina church has had a problem with the assistant pastor touchy feeling type of man and shes told him over and over again i dont feel comfortable with this but con tinues to do the same thing.. she made a complaint to the pastor and he sided with the asstitant pastor.... is there anything she can do beside quit her job?.. if you have any info that would be of help i would appreciate it

Answer 1

Yes it does, it applies to everyone.

Answer 2

Your friend should contact a lawyer. Some of the answers you're getting aren't exactly wrong, but they aren't exactly right, either. There are many laws that do not apply to churches. For example, Microsoft cannot refuse to hire you if you are not Catholic, but the Catholic Church can refuse to hire you as their electrician if you are not Catholic. Generally, sexual harassment laws do apply to religious institutions, but the free exercise clause has a pretty broad reach, and depending on the state you're in, and the specific sexual harassment laws there.

Additionally, your friend may have general tort lawsuits against the employer in his individual capacity. That's why you should call a lawyer and get specific legal advice.

You're also getting a bit of bad advice here. First, paragraph (2) in the answer below applies to private membership clubs, and a church is not a private membership club (though it is exempt under 501(c)). Second, if you want or need to sue your employer, filing a complaint with the police isn't going to do a thing. You have to get a lawyer and file a lawsuit and the police have nothing to do with it.

Answer 3

Yes, the laws still apply. And if the pastor of this church has been informed of the unwelcome action and is looking the other way and allowing behavior like that from someone in a position of trust, then he should also be held responsible. Personally, I wouldn't want to be a part of a church that will allow such behavior, whether it is as an employee or a member.

Answer 4

Federal EEOC laws (Title VII of the Civil Rights Act) applies to only some employers. Employer under the act, is defined as follows:

(b) The term ``employer'' means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include
(1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as
defined in section 2102 of title 5 [of the United States Code]), or
(2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of title 26 [the Internal Revenue Code of 1954], except that during the first year after March 24, 1972 [the date of enactment of the Equal Employment Opportunity Act of 1972], persons having fewer than twenty­five employees (and their agents) shall not be considered employers.

Churches have been found exempt based, not only on the number of employees, but also on the second part of the definition, "tax exempt" private membership organizations.

This would mean it may not be covered under employment discrimination law, but may be under other (criminal) law.

See an attorney.

Answer 5

I would tell her to go to another church and ask them what to do in this situation or go to the police and just put in a complaint, and quit her job. I know that is easier said than done but she shouldn't have to deal with that kind of crap, especially in a church for crying out loud, poor girl. The main Pastor should be fired for letting this person get away with such behavior. I wish her the best.

Answer 6

Talk to the Police. Harassment is against the law even in a Church. Good luck.

Answer 7

Tell the police. Church employees aren't above the law, despite the way they think they should be.

Answer 8

Of course, she can always file a complaint. Laws apply to everyone.

Answer 9

If your an employee, volunteer, or just a church go-er, your protected under Federal Law. If I were her, I would consult an attorney.

Answer 10

yes it applies! even if it isn't a work related issue, sexual harrassment is always wrong! i would file a police report and press charges...quitting isn't necessary, but understandable.