Religious Freedom Rights Entwined with Pregnancy Discrimination
Pregnancy discrimination or religious freedom is an issue that courts often face. A particular lawsuit related to this issue is a case where a Catholic school fired an art teacher based on her pregnancy out of wedlock.
Details of the Case
A Catholic school teacher, Victoria Crisitello asked for a raise upon receiving a request to take on extra responsibilities. She explained that she was pregnant. The New Jersey elementary school fired her a week later, in 2014. The principal, who was a Roman Catholic nun, told her the reason for termination was that she was pregnant and unmarried.
Victoria Cristitello sued. However, according to The New York Times, the case has gone back and forth between New Jersey trial and appellate courts over the past years. Her daughter is now seven years old.
Case Arguments
On two occasions, appeals courts ruled in favor of Victoria, the teacher. Recently, the school appealed to the New Jersey Supreme Court. The school is arguing their case based on freedom of religion rights. Pregnancy out of wedlock and extramarital sex violates fundamental beliefs held by the Catholic Church.
Victoria’s counsel has based their argument for her case on grounds of gender discrimination and double standards regarding First Amendment rights. When questioned, the principal admitted she had never determined whether male teachers were involved in extramarital sex. She had never fired male teachers based on extramarital sex or having a child with a woman out of wedlock. The argument asserts that the school is punishing women and not men.
The Supreme Court issued a ruling a year ago in July that federal employment discrimination laws do not apply to teachers at church-run schools when their duties include religious instruction based on “ministerial exception.” This ruling extended work bias protections beyond trained or ordained ministers and religious leaders.
The outcome of the Cristitello case remains uncertain, but employers should take note. Firing an employee based on an out-of-wedlock pregnancy could lead to a legal dispute.
Do you have questions about Protecting Your Business against Gender Discrimination or Pregnancy Discrimination Lawsuits?
You can seek legal advice and discuss your concerns with an experienced employment law defense attorney. Call (718) 275-6500 to arrange an appointment with Stephen D. Hans & Associates, P.C.