A church employee who reports harassment may be risking more than a job. This is their church home, where they and their family worship. The person they are reporting may have baptized their children or supported them through a difficult year. They have likely questioned themselves before coming forward: Will anyone believe them? Will speaking up cost them their church home? Losing that community can mean losing friendships, support, and the place their family has worshipped for years.

A harassment complaint requires a prompt, impartial response: whoever receives the complaint must be able to listen, assess any immediate concerns, and turn it over to the appropriate party so an investigation can take place, followed by appropriate action to stop and prevent the behavior from occurring in the future.

Pastoral care matters throughout this process, but it’s only a piece of it. The objective should be to help people get through it without asking them to reconcile, forgive, or withdraw a complaint before the facts have been examined.

Church leaders have to attend to both responsibilities. This requires preparation and a clear understanding of responsibilities, especially when the complaint concerns someone the congregation trusts.

Recognize what the employee is being asked to risk

In a church, employment relationships often overlap with friendships, volunteer roles, and spiritual relationships. A board member may supervise the pastor and also rely on that pastor for personal counsel. That can make an employee uncomfortable coming forward and reporting conduct to someone who is close to the person involved.

These relationships require sincere consideration when choosing who will be in charge of addressing complaints and who will decide what happens next. A familiar, caring person can still have a conflict making it difficult to assess the facts impartially.

Put yourself in that employee’s shoes for a moment. They have brought you something difficult, and they may be wondering what Sunday morning will look like now that they’ve spoken up. Thank them for coming forward. Tell them what you will do next, who needs to hear the information, and who they can call if the conduct continues or they feel they are being punished for reporting it. Be honest about privacy: you will need to speak with others to investigate, so you cannot promise to keep the complaint entirely between the two of you. You can and should explain how you will limit sharing to those who need the information. If an outside investigator will be involved, let the employee know that as well.

Give employees a way to report concerns about leadership

We often write policies because there is a need to communicate a process or requirement. With a sensitive topic like harassment, we need to read that policy from the employee’s side. Imagine the complaint is about the senior pastor. What are you asking that employee to do? If your policy directs employees only to their supervisor or the lead pastor, give them another route and explain how to use it. The person receiving those reports needs to understand the responsibility and have the authority to get a response started.

A designated board contact or an outside reporting service may help, depending on the church’s structure. Decide who receives reports when that designated contact is involved, too. An inbox that nobody checks will leave the employee waiting and the concern unaddressed. It also makes it harder for the church to show that it took the complaint seriously.

This is the same reporting problem that can arise when a complaint concerns the person in charge. In a congregation, make sure the alternative is clear to employees who may know leaders primarily through worship or ministry, rather than through an organizational chart.

Keep pastoral care separate from deciding what happened

Prayer, pastoral support, and reconciliation will likely be important to the people involved. Offer that support without making participation a condition of being heard or of keeping a job. An employee should not have to meet privately with the person they’ve reported to demonstrate goodwill.

Choose someone who is impartial and has the experience to conduct an investigation. Consider reporting relationships within the church, personal loyalties, and any previous involvement in the concern. Worshipping together does not automatically disqualify someone, but a close relationship or conflicting responsibility may make choosing another investigator a wise decision.

Pastoral and investigation roles should be clearly explained and defined. Someone providing spiritual care should not be expected to pass private conversations into the investigation without the people involved understanding that role. Questions about clergy privilege or other legal confidentiality requirements need specific advice before information is shared.

An independent workplace investigation can help when internal relationships make a fair inquiry difficult. Church leaders still need to decide who can act on the findings. Depending on the church’s governance, that may require involving the board or denominational leadership.

Understand coverage without making assumptions about titles

Religious employers have legal protections, but those protections do not answer every employment question. The statutory permission to make certain religion-based employment decisions does not create general immunity from other discrimination claims. The EEOC’s guidance on religious discrimination explains the distinction.

The ministerial exception is a separate constitutional protection concerning employment relationships with employees who perform important religious functions. A job title alone does not decide whether it applies. Actual responsibilities matter, including duties involving religious instruction or leadership. School and preschool positions deserve particular attention when teaching the faith is part of the work.

Federal, state, and local coverage can differ, and constitutional protections may affect particular claims. Get advice on the church’s circumstances rather than assuming that its size, religious identity, or an employee’s title settles the question. While coverage is being assessed, leaders can listen, preserve information, and address immediate concerns.

Follow the investigation with action

In 2013, Grace Episcopal Church of Whitestone and its diocese agreed to a settlement with the EEOC. The agency alleged that an interim rector sexually harassed a secretary and a sexton, and that the secretary was fired after rejecting his advances. The settlement included $192,500 and a three-year consent decree requiring policy changes, training, and reporting sexual-harassment complaints to the EEOC.

For a church receiving a complaint now, the practical work starts with assessing immediate concerns and preserving relevant messages and documents. Speak with the employee, the person accused, and witnesses who may know what happened. Give the person accused a fair opportunity to respond.

If an EEOC charge follows, you will need the records of that work. Our article on shorter EEOC position-statement deadlines explains why you should have them organized before the charge arrives. Check the deadline in the agency’s request; that is a separate deadline from your responsibility to investigate the employee’s complaint promptly.

Then decide what the findings require and who has authority to act. That may involve church governance or denominational procedures; identify those responsibilities early so the response does not stall. Keep a record of the findings, decisions, and reasons. Tell those involved what you can appropriately share about the steps taken to stop the behavior and prevent it from happening again. Set calendar reminders to follow up regularly. We use 15 days, 30 days, and 60 days. Prompt corrective action needs to be decided and carried out quickly.

Review your process before the next complaint. Confirm that employees know where to report, leaders understand their responsibilities, and an impartial investigator can be appointed when needed. People should be able to raise a concern without being asked to choose between their employment and their faith community.

Frequently Asked Questions

Does the ministerial exception cover every church employee?

No. Whether the ministerial exception applies depends on the employee’s actual religious responsibilities, rather than a job title alone. Religious teaching or leadership duties can matter, including in school and preschool roles. Church leaders should get advice about the particular position and claim instead of sorting employees into covered and uncovered groups by title.

Who should investigate a harassment complaint at a church?

Choose someone with appropriate investigation experience who can remain neutral and assess the facts impartially. Consider reporting relationships, personal interests, and any previous involvement in the reported concern. An outside investigator is often the better choice when those relationships make impartiality difficult. Decide separately who has authority to act on the findings, including any responsibilities under church or denominational governance.

Can pastoral reconciliation resolve an employee harassment complaint?

Pastoral support and voluntary reconciliation may help people, but they should not replace an impartial investigation and appropriate action. Do not require an employee to meet privately with the person they reported, forgive them, or withdraw the complaint. Explain who is providing pastoral care and who is responsible for investigating the employment concern.

What should a church do after receiving a complaint?

Listen promptly, assess immediate concerns, preserve relevant information, and explain the next steps. Appoint an impartial investigator, give the people involved a fair opportunity to be heard, and act on the findings. Keep appropriate records and check back for further conduct or retaliation. Get specific advice on applicable law and any required reporting.

This article is general information from the empathiHR team, not legal advice. Requirements change; confirm current rules with the applicable agency or your employment counsel.

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