It is helpful and important for faith-based organizations (FBO) to familiarize themselves with both federal and state immunity laws to fully protect and support their volunteers. By doing so, FBOs can continue to foster a safe and welcoming environment for all who wish to serve.
To be aware of the federal and state immunity laws that apply to their roles within our houses of worship, I listed relevant laws that provide significant protections and can help ensure that volunteers feel secure and valued in their service. These laws provide various protections to individuals and organizations acting in good faith, particularly in emergency situations or when exercising religious freedoms.
Federal Immunity Laws
- Good Samaritan Law: This law provides liability protection to individuals who assist others in emergencies. It generally shields people from civil liability when they provide aid in good faith, even if something goes wrong.
- Federal Volunteer Protection Act (VPA) of 1997
The Volunteer Protection Act (VPA) was enacted to encourage volunteerism by offering legal safeguards against liability for volunteers. This federal law provides immunity to volunteers for their negligent acts or omissions while performing their duties, provided they are acting within the scope of their responsibilities and not engaging in willful misconduct, gross negligence, or criminal activity. This protection is vital for faith-based organizations, as it helps mitigate the risk of lawsuits that could deter individuals from volunteering.
- Federal Immunity for Reporting Child Abuse: Under 34 U.S. Code § 20342, individuals who report suspected or known instances of child abuse or neglect in good faith are protected from civil liability and criminal prosecution.
- Religious Freedom Restoration Act (RFRA): This act ensures that interests in religious freedom are protected. It prevents the government from substantially burdening a person’s exercise of religion unless it is the least restrictive means of furthering a compelling governmental interest.
- Bill Emerson Good Samaritan Food Donation Act: This act encourages the donation of food and grocery products to nonprofit organizations for distribution to needy individuals by protecting donors from civil and criminal liability.
State Immunity Laws
In addition to the VPA, many states have enacted their own immunity laws that offer further protection to volunteers. These laws vary by state but generally provide limited liability for volunteers working on behalf of charitable organizations, including houses of worship. Understanding the specific provisions of your state’s laws can help ensure that your organization is fully leveraging these protections.
Benefits to Faith-Based Organizations
- Encourages Volunteerism: By reducing the fear of legal repercussions, these laws encourage more individuals to volunteer, thereby strengthening our community and enhancing our programs.
- Legal Safeguards: These protections help shield our volunteers from personal liability, allowing them to focus on their service without undue concern about potential lawsuits.
- Operational Stability: With a clear understanding of these laws, faith-based organizations can operate more confidently, knowing that their volunteers are protected, which in turn supports the overall mission and sustainability of the organization.
Sources
1 What Are Good Samaritan Laws? | CriminalDefenseLawyer.com
2 What Is the Good Samaritan Law? – Civil Liability Protection (constitutionus.com)
3 When Good Intentions Go Wrong: Immunity under the Volunteer Protection Act (degruyter.com)
4 PLAW-105publ19.pdf (congress.gov)
5 34 U.S. Code § 20342 – Federal immunity | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)
6 Federal Law Protections for Religious Liberty (justice.gov)
7 Good Samaritan Act Provides Liability Protection For Food Donations | USDA
8 Charitable Immunity | Church Law & Tax (churchlawandtax.com)