Timely Topics -
By Shannon B. Hartsfield -
The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more
1/29/2018
/ Abortion ,
Affordable Care Act ,
Appeals ,
Assisted Suicide ,
BOLI ,
Breach of Contract ,
Catholic Church ,
Charter Schools ,
Church Plans ,
Churches ,
Contraceptive Coverage Mandate ,
Defamation ,
Department of Health and Human Services (HHS) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Establishment Clause ,
Executive Orders ,
Federal Funding ,
Federal Housing Administration (FHA) ,
Fees ,
First Amendment ,
Fourteenth Amendment ,
Freedom of Religion ,
Hospitals ,
Injunctive Relief ,
Interim Final Rules (IFR) ,
Internet ,
Medicaid ,
New Guidance ,
Nonprofits ,
OCR ,
Preliminary Injunctions ,
Priests ,
Proposed Rules ,
Public Accommodation ,
Public Health Service Act ,
Race Discrimination ,
Religious Discrimination ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retirement Plan ,
RLUIPA ,
Same-Sex Marriage ,
Sexual Conduct ,
Sexual Orientation Discrimination ,
Summary Judgment ,
Trump v Hawaii ,
USCIS ,
Vetting
Timely Topics -
Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more
11/30/2017
/ Churches ,
College Admissions ,
Colleges ,
Contraceptive Coverage Mandate ,
Cybersecurity ,
Data Breach ,
Employee Housing ,
Equal Protection ,
Establishment Clause ,
Executive Orders ,
FEMA ,
Fifth Amendment ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Gender Discrimination ,
Hackers ,
Historical Rehabilitation ,
Information Technology ,
Motion for Summary Judgment ,
Public Accommodation ,
Public Funds ,
Ransomware ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
Same-Sex Marriage ,
Standing ,
Title VII ,
Trademarks ,
Trump Administration ,
Trump v International Refugee Assistance Project ,
Vaccinations ,
Videographers
In Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577 (June 26, 2017), the U.S. Supreme Court ruled 7-2 that excluding a church from a public benefit program for which it is otherwise qualified violates the Free...more
6/28/2017
/ Churches ,
Constitutional Challenges ,
First Amendment ,
Free Exercise Clause ,
Public Benefits ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
SCOTUS ,
State and Local Government ,
State Funding ,
Trinity Lutheran Church of Columbia Inc. v Comer
Timely Topics -
The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more
6/1/2017
/ Abstention ,
Censures ,
Churches ,
Day Care ,
Establishment Clause ,
Executive Orders ,
Expulsion ,
Fair Housing Act (FHA) ,
Federal Funding ,
Foreign Nationals ,
Free Exercise Clause ,
Free Speech ,
Immigration Reform ,
Judges ,
LGBTQ ,
Nonprofits ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Same-Sex Marriage ,
SCOTUS ,
Travel Ban ,
Trump Administration ,
Zoning Laws
Timely Topics -
A draft executive order of President Donald Trump relating to religious freedom proposes several material changes to federal law. First, it would require the executive branches to recognize a broad scope...more
2/9/2017
/ Appeals ,
Assisted Suicide ,
Charitable Donations ,
Church Plans ,
Constitutional Challenges ,
Contraceptive Coverage Mandate ,
Disparate Impact ,
Employee Retirement Income Security Act (ERISA) ,
Establishment Clause ,
Executive Branch ,
First Amendment ,
Free Exercise Clause ,
Freedom of Religion ,
ISIS ,
Ministerial Function ,
Pensions ,
Religious Discrimination ,
Religious Displays ,
Religious Expression ,
Religious Institutions ,
Religious Schools ,
Retirement Plan ,
RLUIPA ,
Same-Sex Marriage ,
Tax Exempt Entities ,
Taxable Income ,
Terrorist Threats ,
Title VII ,
Trump Administration ,
Zoning Laws
Timely Topics -
The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more
10/27/2016
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Allocation of Funds ,
Article III ,
Burwell v Hobby Lobby ,
Civil Rights Act ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Free Exercise Clause ,
Gay Conversion Therapy ,
Gender Identity ,
Health Insurance ,
Healthcare ,
LGBTQ ,
Mental Health ,
National Origin Discrimination ,
Non-Discrimination Rules ,
Nonprofits ,
OCR ,
Pregnancy Discrimination ,
Religious Expression ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
RLUIPA ,
Same-Sex Marriage ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Standing ,
Title VII ,
Transgender
When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more
8/19/2016
/ Abortion ,
Breach of Contract ,
Church Plans ,
Churches ,
Commercial Insurance Policies ,
D&O Insurance ,
Declaratory Judgments ,
Educational Institutions ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Employment Contract ,
Equal Protection ,
Establishment Clause ,
Exemptions ,
FDUTPA ,
Fiduciary Duty ,
First Amendment ,
Fraud ,
Free Exercise Clause ,
Free Speech ,
Funeral Homes ,
Grants ,
Health Insurance ,
Healthcare ,
Insurance Industry ,
IRS ,
LGBTQ ,
Prayer ,
Professional Liability Insurance ,
Religious Discrimination ,
Religious Displays ,
Religious Institutions ,
Scholarships ,
Standing ,
Subject Matter Jurisdiction ,
Tax Credits ,
Title VII ,
Transgender ,
Universities ,
Wage and Hour
Timely Topics -
Has your nonprofit received a donation for a restricted purpose that has become impractical, impossible to achieve, wasteful or even unlawful? A donor may restrict a contribution to a charity for a...more
5/2/2016
/ Charitable Donations ,
Employee Retirement Income Security Act (ERISA) ,
Gender Discrimination ,
Marriage ,
Mootness ,
Non-Profit Hospitals ,
Nonprofits ,
Pensions ,
Permits ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Sex Offenders ,
Spouses ,
Transitional Care Management
Timely Topics -
The death of U.S. Supreme Court Associate Justice Antonin Scalia will have an uncertain effect on religious institutions. Justice Scalia delivered the majority opinion in Employment Div. v. Smith, 494 U.S...more
Timely Topics -
The Internal Revenue Service (IRS) issued on Dec. 17, 2015, a memorandum instructing its examiners not to conduct employment tax audits of churches without getting in touch with a high-ranking Treasury...more
Captive insurance companies can be a win-win for organizations with excellent claim records that would rather accrue their insurance premiums than pay them to a third-party insurer. Put simply, captive insurers are insurance...more
Timely Topics -
A non-compete clause, covenant not to compete or restrictive covenant is a contract provision under which one party agrees not to enter into or start a similar profession, trade or business in competition...more
10/16/2015
/ American Civil Liberties Union (ACLU) ,
Consent Decrees ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Establishment Clause ,
Fairness Standard ,
Foster Children ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Franchisors ,
Gay Conversion Therapy ,
Hostile Environment ,
LGBTQ ,
Mental Health ,
Non-Compete Agreements ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
Restrictive Covenants ,
RLUIPA ,
Sexual Harassment ,
Sexual Orientation ,
Tenth Amendment
Respondeat superior (literally, "let the master answer" in Latin) is a doctrine that applies when an employer or principal has the ability and authority to direct and control the pertinent acts of the employee. Put otherwise,...more
9/16/2015
/ Abortion ,
Affordable Care Act ,
Churches ,
Contraceptive Coverage Mandate ,
Establishment Clause ,
FBI ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
Gross Misconduct ,
Health Insurance ,
Healthcare ,
Kim Davis ,
LGBTQ ,
Marriage Licenses ,
Obergefell v. Hodges ,
Public Accommodation ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination
The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more
8/7/2015
/ Abortion ,
Adoption ,
Affordable Care Act ,
Anti-Discrimination Policies ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Contraceptives ,
DOMA ,
Domestic Partner Benefits ,
Domestic Partnership ,
Educational Institutions ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
First Amendment ,
Food and Drug Administration (FDA) ,
Fourteenth Amendment ,
Marriage ,
Marriage Equality ,
Negligent Supervision ,
Obergefell v. Hodges ,
Pharmacies ,
Private Schools ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Same-Sex Marriage ,
Scholarships ,
SCOTUS ,
Sexual Assault ,
Spouses ,
Tax Exemptions ,
U.S. Navy
Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more
6/18/2015
/ Abercrombie & Fitch ,
Affordable Care Act ,
Catholic Diocese ,
Contraceptive Coverage Mandate ,
Contraceptives ,
Disparate Impact ,
Disparate Treatment ,
EBSA ,
Educational Institutions ,
EEOC v Abercrombie ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
False Claims Act (FCA) ,
Grants ,
Healthcare ,
Hiring & Firing ,
Housing Discrimination ,
Medicaid ,
Medicare ,
Qui Tam ,
Reasonable Accommodation ,
Religion ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
SCOTUS ,
Sexual Abuse ,
Sexual Assault ,
Title VII
Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications. Sometimes, the developments reported are embarrassing to those...more
5/21/2015
/ Affordable Care Act ,
Appeals ,
CFOs ,
Contraceptive Coverage Mandate ,
Defamation ,
Establishment Clause ,
False Statements ,
First Amendment ,
Gender Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Scholarships ,
Sex Discrimination ,
Sexual Harassment ,
Tax Credits ,
Title VII
Several interrelated legal developments make it more important than ever for religious institutions intending to qualify for exemptions to generally applicable laws to do the hard work before litigation or administrative...more
Every year, religious institutions spend millions purchasing insurance of various types from insurance companies. Many will never make claims on the policies remotely equal to their annual investment in premiums. In these...more
Timely Topics -
Church splits and property disputes are not new, but they have certainly grown in number in recent years. In the seminal case on church property disputes, Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L....more
If the Internal Revenue Service (IRS) had a moratorium on enforcing ยง501(c)(3) electioneering restrictions against churches and religious organizations, the IRS states that it has been lifted incident to the settlement and...more
8/7/2014
/ 501(c)(3) ,
Audits ,
Charitable Donations ,
Churches ,
Electioneering ,
Employee Retirement Income Security Act (ERISA) ,
Health Care Providers ,
IRS ,
Religious Institutions ,
Retirement Plan ,
Settlement ,
Tax Exempt Entities
"Church plans" are pension plans (including defined benefit or defined contribution plans) exempt (without an irrevocable election) from many of the legal requirements of the Employee Retirement Income Security Act (ERISA)...more
6/3/2014
/ Affordable Care Act ,
Breach of Contract ,
Churches ,
Defined Benefit Plans ,
Defined Contribution Plans ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
Exemptions ,
FICA Taxes ,
Form 5500 ,
IRS ,
Nonprofits ,
Pensions ,
Prayer ,
Public Meetings ,
Religious Institutions ,
RLUIPA ,
Title VII ,
Unemployment Benefits
Does a closely held for-profit corporation have a constitutionally or statutorily protected right to exercise religion under the Free Exercise Clause or the Religious Freedom Restoration Act of 1993 (RFRA)? The U.S. Supreme...more
Under state and federal law, "whistleblowers" are a protected class and a broader category of persons than intuitively you might guess. When we imagine the quintessential whistleblower, the individual is usually someone who...more
Who owns the "church?" For most, this is an odd question. As children, many of us folded our hands and repeated a rhyme: "Here is the church. Here is the steeple. Open the doors and see the people." Nevertheless, for well...more
On the heels of controversy surrounding the Internal Revenue Service's treatment of conservative groups applying for tax-exempt status, the Treasury Department is accepting comments on proposed regulations that will...more