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Unwed Catholic Teacher CannedFollow

#1 Nov 23 2005 at 10:36 AM Rating: Excellent
The Story

Basically, she told them she caught preggers and had no intention of marrying. They came back and told her that she had to go find another job because she didn't have one with them any more. She's suing for wrongful dismissal. They have a stated policy that teachers cannot violate the tenets of Catholic morality.

I'm of the opinion that the school is within its rights to impose that restriction upon its employees and that her dismissal is justified, even if it isn't the sort of thing that gives you warm tingly feelings during the holiday season.

However, I can see the other side of this as well. Where do an employer's rights end and an employees rights begin? Where is the line? I know my own employer has conduct clauses in their policies and they are so vague that they could be used as an excuse to fire you for farting in public. To my knowledge, they never have been abused in such a manner. But the threat is implicit: Do things we don't approve of and you could lose your job. What is the happy medium and should a religion-oriented organization be allowed to impose its tenet son its employees?

What's the difference between expecting employees to say the Lord's prayer, expecting them to say the Pledge of Allegiance, expecting them to sing the company song, and expecting them to do "normal work" if these expectations are laid out clearly at the time of hire?
#2 Nov 23 2005 at 10:47 AM Rating: Excellent
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I'm no labor lawyer but AFAIK it's illegal to can a woman for getting knocked up. Holds true whether it's at an insurance office or a Catholic school.

I wouldn't have any real argument if they wanted to, I don't know, excommunicate her or something else solely faith based. But firing her is messing with the law.

For the other things you said, there's all sorts of examples of companies imposing rules of conduct upon employees. Wasn't it Motorola who banned employees from smoking in their personal vehicles on personal time? I think the defining thing here though is that there's laws specifically prohibiting firing someone for pregnancy.
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#3 Nov 23 2005 at 10:50 AM Rating: Good
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While I am all for the rights of people, I think the school had a right to do what it did. Teachers are mentors for the children and if it is a Catholic school, they believe in certain moral beliefs. Teachers should uphold those if that is what they are teaching. The teacher is taking a "Do as I say not as I do" approach to her career which is not applicable. If it were a publice school she would have a firmer ground to stand on. But it's not and she broke the code of what she is trying to instill in her students.
#4 Nov 23 2005 at 10:52 AM Rating: Decent
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I see, a well worn set of Rosary beads in her future penance.
#5 Nov 23 2005 at 10:55 AM Rating: Excellent
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Lady DSD wrote:
But it's not and she broke the code of what she is trying to instill in her students.
As opposed to the moral code of casting out the woman from the flock as a harlot.

Just like Jesus would do!
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#6 Nov 23 2005 at 10:58 AM Rating: Excellent
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It's illegal to fire a woman due to pregnancy. However, their argument that she violated company policy by getting pregnant and remaining unmarried might wash, it depends on how binding that clause is in her state.

If it's an at-will state, it'll probably hold up.

Of course if she'd quietly had an abortion this wouldn't be an issue. I love irony.

Edited, Wed Nov 23 11:09:36 2005 by Samira
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#7 Nov 23 2005 at 10:58 AM Rating: Good


It's a horrid thing, but I dunno. When I first read the post, I initially thought that they are a private school run by a church, so they can do that. But then I read Jophiel's post. I would be interested to see what the law exactly says about it. The way it is worded I'll bet is fuzzy and probably boils down to judges interpretation.


#8 Nov 23 2005 at 11:00 AM Rating: Good
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Jophiel wrote:
Lady DSD wrote:
But it's not and she broke the code of what she is trying to instill in her students.
As opposed to the moral code of casting out the woman from the flock as a harlot.

Just like Jesus would do!


Tell me, Joph. How does the Catholic Church look upon unwed pregnant mothers throughout the ages and even now?
#9 Nov 23 2005 at 11:02 AM Rating: Decent
Wouldnt it depend on the contract she signed. Im assuming she signed some sort of contract. If there are provisions in it that state she must adhere to all Catholic doctrine etc then I would think the firing was legal regardless of laws protecting women from firing if they get pregnant. I would assume those laws were passed to keep employers from canning women to save on insurance/baby leave etc.
#10 Nov 23 2005 at 11:03 AM Rating: Excellent
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Samira wrote:
It's illegal to fire a woman due to pregnancy. However, their argument that she violated company policy by getting pregnant and remaining unmarried might wash, it depends on how binding that clause is in her state.
Again, I'm not a lawyer but I think this is one of those "You can't sign away your rights" scenario. The law is that you can't fire someone for becoming pregnant. Regardless of whatever arrangement the woman and the school had, the state still considers it unlawful to fire someone on those grounds.
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#11 Nov 23 2005 at 11:05 AM Rating: Excellent
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That law, singular, is Federal and is an anti-discrimination statute. It may or may not apply, depending on how it's argued.

The laws of New York, I'm pretty sure, do not require adherence to Catholic doctrine.

However, as I said, if the employment laws in NY state are at-will, then she can be fired for violating company policy - in this case, violating Catholic tenets and mores.
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#12 Nov 23 2005 at 11:06 AM Rating: Good
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They aren't firing her because she got pregnant, they are firing her because she isn't married, which breaks the Catholic "moral code".

#13 Nov 23 2005 at 11:07 AM Rating: Good
Jophiel wrote:
Again, I'm not a lawyer but I think this is one of those "You can't sign away your rights" scenario.


You can't sign away your rights? I've got some stern words for the Marines then, let me tell you.
#14 Nov 23 2005 at 11:07 AM Rating: Good
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whether or not the state will consider it unlawful and reverse it, the school does have the right to have educators who uphold their doctorine in their school and to release those who do not. Again, I dont think it's a good thing, but if you are going to teach youngsters about your belief on morality, do you want what your belief considers "unmoral" people to be teaching?
#15 Nov 23 2005 at 11:10 AM Rating: Good
I'm thinking that they can argue it, legally, from the basis that they're not canning her for getting pregant, but for getting pregnant out of wedlock and having no intention to marry. I'm sure they'll whip out precedents of action where unwed teachers have become pregnant and got married and they kept them employed. They're going to aruge that she is unwilling to adhere to the tenets they hold dear and require their employees to follow as a condition of employment. Or at least that's the tact I see as most obvious to succeed.
#16 Nov 23 2005 at 11:13 AM Rating: Good


Quote:
You can't sign away your rights? I've got some stern words for the Marines then, let me tell you.


Hehe, I was thinking similar things.

#17 Nov 23 2005 at 11:15 AM Rating: Excellent
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Lady DSD wrote:
Tell me, Joph. How does the Catholic Church look upon unwed pregnant mothers throughout the ages and even now?
Not kindly. But that was more of a social issue than a doctrinal one. In fact, a quick look through New Advent didn't turn up any doctrinal issues saying that unwed mothers needed to be expunged. Pre-marital sex is a sin and no one advocates getting knocked-up outside of marriage but such can be said for a great many things.

I did find this quote (regarding abortion) on AmericanCatholic:

You realize that what you did was very wrong. What you may not realize is that no sin is beyond God’s power to forgive. If it were, the sin would be greater than God—and that is not possible.

Again, if we're arguing morals, I have a hard time weighing a woman who made a mistake and is trying to support herself and her child who she intends to have against a group of Christians looking to tack a scarlet letter to her and cast her out for being a *****.
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#18 Nov 23 2005 at 11:17 AM Rating: Excellent
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allenjj wrote:
You can't sign away your rights? I've got some stern words for the Marines then, let me tell you.
I never said it applied to every scenario. I said this may be one it applies to.

Whether or not it washes will pretty much depend on whether or not the judge sees "violates company policy" as a veil for "she became pregnant and we don't like that"
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#19 Nov 23 2005 at 11:18 AM Rating: Good
Jophiel wrote:
Again, if we're arguing morals, I have a hard time weighing a woman who made a mistake and is trying to support herself and her child who she intends to have against a group of Christians looking to tack a scarlet letter to her and cast her out for being a *****.


Well Jophiel, the Bible does say "Let he who is without sin (or catholic) cast the first stone."
#20 Nov 23 2005 at 11:19 AM Rating: Good
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But if you are agreeing that the Catholic church, be it doctorine or social, does not look kindly upon unwed pregnant women, especially those who refuse to marry, than the Catholic schools has a point.

I'm not arguing that its a bogus decision. But I am arguing that the school is trying to teach their students the moral ethics they believe in. If the Catholic church does not think it is morally acceptable to have premarrital sex, what message are they sending the students if they keep on a woman who has not only had premarrital sex, but refuses to marry as well?



Edited, Wed Nov 23 11:32:02 2005 by DSD
#21 Nov 23 2005 at 11:24 AM Rating: Good
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Jophiel wrote:
Lady DSD wrote:
Tell me, Joph. How does the Catholic Church look upon unwed pregnant mothers throughout the ages and even now?
Not kindly. But that was more of a social issue than a doctrinal one. In fact, a quick look through New Advent didn't turn up any doctrinal issues saying that unwed mothers needed to be expunged. Pre-marital sex is a sin and no one advocates getting knocked-up outside of marriage but such can be said for a great many things.

I did find this quote (regarding abortion) on AmericanCatholic:

You realize that what you did was very wrong. What you may not realize is that no sin is beyond God’s power to forgive. If it were, the sin would be greater than God—and that is not possible.

Again, if we're arguing morals, I have a hard time weighing a woman who made a mistake and is trying to support herself and her child who she intends to have against a group of Christians looking to tack a scarlet letter to her and cast her out for being a *****.

It's more of an issue of the schools right to have their definition of morality upheld as a condition of employment. Hypocrisy of the Church's stance on the issue is irrelevant.

God is responsible for forgiving an unwed mother, not the school and as such amends must be made with HIM and don't apply to the school or the Church. That's ok too, because God is so into the whole forgiveness thing, the people at the school can be forgiven if they fu[b][/b]ck up too. Win/Win everyone gets to go to heaven, the lady just can't work for the school in the mean time.
#22 Nov 23 2005 at 11:30 AM Rating: Excellent
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I don't know the particulars of her desire not to wed. Can you link them?

As far as "moral ethics" go, the doctrine of the Church is theoretically based on the teachings of one Mr. Christ who spent much, much more time teaching the value of forgiveness than he did castigating unwed mothers. As I recall, his own mother got knocked up before she was married and her fiance at the time had it in his mind to quietly marry and then divorce her to spare her the shame of being publiclly outed as a *****.

Anyway, back to the law, per CNN:

It's not the first time the NYCLU has argued such a case. In 2003, the unmarried director of an after-school program run by a Catholic charity in Buffalo was demoted when she became pregnant. The equal employment commission found that the charity had violated federal anti-discrimination laws, the NYCLU said.

That charity agreed to ban discrimination based on marital status or pregnancy
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#23 Nov 23 2005 at 11:32 AM Rating: Excellent
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Jacobsdeception the Sly wrote:
It's more of an issue of the schools right to have their definition of morality upheld as a condition of employment. Hypocrisy of the Church's stance on the issue is irrelevant.
Agreed, it's two seperate debates. DSD was arguing the moral correctness in firing her though so I was giving a morally based retort. But neither has much to do with Federal statute.
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#24 Nov 23 2005 at 11:52 AM Rating: Decent
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Again, I'm not a lawyer but I think this is one of those "You can't sign away your rights" scenario. The law is that you can't fire someone for becoming pregnant. Regardless of whatever arrangement the woman and the school had, the state still considers it unlawful to fire someone on those grounds.


You can sign away your rights, if something is directly offered as compensation.

Look, the school said, if you want to work here, you have to follow the rules. She accepted, so she has to follow the rules.

This isn't like they were asking her to give up her child for a sacrifice or anything. She broke the rules. They, being a private organization, have the right to fire her.

What's the big deal?
#25 Nov 23 2005 at 11:56 AM Rating: Excellent
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I'm not even arguing wehther they had the 'right' to fire her (aside from pointing out the moral hypocrisy). Like I said, lots of companies place personal life restrictions on their employees. The difference here being that the restriction they place potentially violates federal law.

The one cited precedent (in New York, at that) showed that this could, indeed, be a violation of the law.
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#26 Nov 23 2005 at 12:15 PM Rating: Good
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Up in Canuckistan at the Roman Catholic highschool that I went to they had the same policy for teachers, also teachers could not get divorced.

While not "fair" it was perfectly legal. The government cant force the church to go against what they are about. If it is a private RC school and the teacher was aware of the policies there aint much they can do.

Of course with yall americans and the whole legal system the case will probably end up with roman catholic schools being forced to hire a certain percentage of unwed mothers in some sort of equal opportunity program.
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