Religious Institutions: September 2015

Nathan Adams IV is a Partner in Holland & Knight's Tallahassee office

Timely Topics

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, the doctrine holds a master legally responsible for the wrongful acts of an employee or agent if the acts occur within the "course and scope" of the employment or agency. To judge what is within the course and scope of employment, courts examine if the act is of the kind the agent is employed to perform; occurs substantially within the time and space limits authorized or required by the work to be performed; is activated, at least in part, by a purpose to serve the master; and if the employer knows or should know the agent is a threat to others. The application of these prongs has been at the heart of the sexual misconduct litigation affecting the church,