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COVID-19-related lawsuits could destroy nonprofits. Congress needs to give them immunity.

All over the country, nonprofit organizations help feed the hungry, provide medical care, protect our environment, empower at-risk youth and meet the needs of our most vulnerable populations through other meaningful acts of charity.

The needs have grown exponentially during this pandemic, often creating more need than there are resources. In addition to the significant health risks of COVID-19, leaders of many organizations are concerned about the economy and how the virus affects their ability to execute their mission.

At a time when people want to volunteer in their communities, nonprofit leaders also find themselves asking hard questions about how to responsibly resume much-needed programming. Taking extra protocols on cleanliness, adhering to mask orders and following common-sense precautions are all obvious next steps to get to a “new normal.”

Nonprofits need legal certainty

A wise path for federal lawmakers to allow these organizations to continue to perform much-needed services is to offer them legal protection. Nonprofits, just like businesses, need this certainty to go on.

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For example, 400,000 kids in foster care have been housed with temporary families for five months with little of the respite care that both the child and the family need to be successful. Faith communities and other nonprofits would undoubtedly be happy to host an outdoor "Foster Care Night Out" with games and activities for kids, giving parents a much-needed break and increasing the likelihood that they keep fostering. Nonprofits will be much more likely to host these kinds of respite events if they are legally protected for acting in good faith.

The Food Bank of Central New York hosted a food distribution for families in need on Friday, June 12, 2020, at St. John the Baptist Roman Catholic Church in Rome.
The Food Bank of Central New York hosted a food distribution for families in need on Friday, June 12, 2020, at St. John the Baptist Roman Catholic Church in Rome.

Even one legal action because of COVID-19 is enough to wipe out a small nonprofit. The cost to defend one claim equals the money that could go to stock a soup kitchen, hire a grant writer, employ a shelter worker, video kids waiting to be adopted or care for a veteran.

Simply put, people who act in good faith to perform a public good shouldn’t have to open themselves to legal action by helping others.

This same line of thinking is the impetus behind “Good Samaritan” laws, protecting those who act in good faith in emergencies. All 50 states and the District of Columbia have a Good Samaritan statute of some kind.

Policy protections aren't consistent

No one expects individuals to go uncompensated if someone has deliberately harmed them. We have a legal system in place for those types of circumstances. What we do not have is consistent policy in place from state to state to provide certainty for nonprofits as they seek to serve the public.

The majority of people working for nonprofit organizations are doing good work because they want to help others. It is a calling. We are asking our leaders in Congress to help us continue our collective mission by keeping us on the front lines and out of courtrooms.

​Janet Kelly served as Virginia’s secretary of the commonwealth from 2010 to 2014 and is now president of Virginia’s Kids Belong.

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This article originally appeared on USA TODAY: COVID-19 increases legal risks for nonprofits; they deserve protection