Wednesday, October 14, 2009

Court Says Church Could Be Liable For Harassment of Summer Camp Employees

Nunez v. Mariners Temple Baptist Church, (NY Sup. Ct., Oct. 8, 2009), involved a lawsuit by the father of two teenagers who alleged sexual harassment by their supervisor at a children's summer camp where they were employed. A New York trial court held that the lawsuit could be maintained against a Church that owned the building and yard where the camp operated, as well as against the non-profit organization that ran the camp. The court concluded that the complaint raised a triable issue of fact as to whether the two organizations should be considered an integral enterprise for the purposes of liability. In the case the Church also asserted a claim against its insurance company seeking a declaration that the insurer is obligated to defend and indemnify it in the case. The court refused to conclude that the claim against the Church was excluded from coverage under its insurance policy.

1 comment:

Robert Baty said...

Compare the "integral enterprise" issue of this case to the Revenue Ruling 70-549 case, previously mentioned on this blog, wherein the government (IRS) ruled, contrary to the facts and the law, that certain private schools (e.g., Pepperdine, Harding, etc.) were operated as "integral agencies of the church").

That, of course, was at the insistence of George Bush, Sr. and Omar Burleson, so the schools' basketball ministers and similarly situated employees could claim income tax free ministerial housing allowances.