"If they're going to single her out because she conceived prior to marriage, but allow people to remain employed who conceived during a marriage, isn't that discriminating against her based on her marital status?"
But I’m guessing she/her lawyer may have a case if the school’s documents aren’t clear on the moral requirements of teachers and the religious nature of that requirement… or if they’ve been inconsistent on that point in the past.
Views expressed are always my own and not my employer's, my church's, my family's, my neighbors', or my pets'. The house plants have authorized me to speak for them, however, and they always agree with me.
Smart Christian school administrators pay attention to these kinds of details as it has been my experience that even the most devoutly Christian teacher will sue your brains out the moment that it would seem to be of benefit to them.
Dan Burrell Cornelius, NC Visit my Blog "Whirled Views" @ www.danburrell.com
That’s not to say that it is always a good idea to give a reason for termination. Just that no reason would have gained the school little legal advantage in this case.
Which brings up a question, Jack…..do you know if a school that receives no federal funds is liable under federal laws? Years ago, that was one of the reasons why we were always told never to accept any form of government assistance — no matter how innocuous it may have appeared to be.
Dan Burrell Cornelius, NC Visit my Blog "Whirled Views" @ www.danburrell.com
Greg Linscott
Marshall, MN
Stepping back a bit, a school will typically be subject to federal law whether or not they receive federal funds (or other benefit). The Court held in Employment Division of Oregon v. Smith that a law prohibiting the use of certain drugs, including the use of peyote in Native American religious ceremonies, was a valid generally applicable law. However, this general rule is complicated in the case above and similar cases by freedom of association and other concerns. To the best of my knowledge, a school’s lack of church affiliation should not be an insurmountable hurdle to their defense. Though lack of clarity in their beliefs regarding fornication, or inconsistent practice in cases of known fornication by teachers would be damaging.
Just a guess, but I would think her privacy claim is the strongest. Outside of an established church discipline framework, such communications are asking for trouble. Though this will turn on Florida’s privacy statute, if any.
Views expressed are always my own and not my employer's, my church's, my family's, my neighbors', or my pets'. The house plants have authorized me to speak for them, however, and they always agree with me.
Views expressed are always my own and not my employer's, my church's, my family's, my neighbors', or my pets'. The house plants have authorized me to speak for them, however, and they always agree with me.
Discussion