Teacher fired for premarital sex (1 Viewer)

[silverback06]

The couple sat close together with her right hand clasped in his left hand and her left arm cradling the 8-month-old daughter whose conception cost the woman her job.
The couple’s sin, according to her former employer, Southland Christian School in St. Cloud, Fla., is fornication — having sex before they got married.
Jarretta Hamilton and her husband of 16 months, Samuel Treftz, told TODAY’s Ann Curry Monday that the termination violated federal anti-discrimination laws. In addition, they allege in a pending lawsuit, the school’s principal, Jon Ennis, invaded Hamilton’s privacy by telling other teachers and the parents of her students the exact reason she was fired.


Read more: http://today.msnbc.msn.com/id/37683770/ns/today-today_people/?GT1=43001
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[SaintsFanInLA]

If it's a private school, it might be able to legally do this. I am not sure. But I know I watched a program where a football player was expelled from BYU for having premarital sex with a girl that he eventually married.

Maybe someone in the legal field can expound on this.

 

[wbbigtymer]

The schools mistake was the handling of the termination. You can tell they don't exactly have a polished HR department or legal team. You can fire someone for almost any reason and get away with it in most cases, as long as you cya. In this case, the way they handled it is what's going to cost them. You can't go around TELLING people about the confidential info that led to the termination.

 

[JimEverett]

I am guessing here - but the woman is probably claiming that the violation of federal anti-discrimination laws was the reult of them retaliating against her for asking for FMLA leave. In other words - the firing for having a baby out of wedlock was pretext for the real reason.

 

[Boudro]

I know Stanislaus gets away with all kinds of crap because they're a Catholic school. It will be interesting to see the outcome of this.

 

[texasjefe]

Taboo sex is always better.

 

[cdogg]

If it's a private school, it might be able to legally do this. I am not sure. But I know I watched a program where a football player was expelled from BYU for having premarital sex with a girl that he eventually married.

Maybe someone in the legal field can expound on this.

BYU kicked out that girl from The Real World because she laid down in a guy's bed, nothing happened, just the fact she was in a man's bed on T.V.

 

[dtc]

If it's a private school, it might be able to legally do this. I am not sure. But I know I watched a program where a football player was expelled from BYU for having premarital sex with a girl that he eventually married.

Maybe someone in the legal field can expound on this.

Florida is an at-will state. As far as I know, you can fire anyone at anytime for anything.

 

[Taurus]

Florida is an at-will state. As far as I know, you can fire anyone at anytime for anything.

But what you can't do is go around blabbing confidential medical information.

If the woman didn't tell those people she was pregnant, the school probably violates HIPAA by doing so.

 

[JimEverett]

But what you can't do is go around blabbing confidential medical information.

If the woman didn't tell those people she was pregnant, the school probably violates HIPAA by doing so.

I doubt the school is covered under HIPPA.

 

[Taurus]

I doubt the school is covered under HIPPA.

I'll ask.

IIRC, my wife was asked some medical-related questions on a form from our daughter's school and she told 'em to take a hike because signing the form meant the school could then release that information to anyone they wanted.

(Presumably, then, they'd be in violation of some policy...maybe HIPAA...if they released the info without her signature.)

 

[dtc]

But what you can't do is go around blabbing confidential medical information.

If the woman didn't tell those people she was pregnant, the school probably violates HIPAA by doing so.

I hear you, but you're going to have a tough time convincing a Florida jury that having a baby in your hands 6 months after getting married is Hipaa protected "medical information", but icbw.

 

[livefromDC]

I doubt the school is covered under HIPPA.

?? HIPPA covers personal medical information regardless of employ.

 

[Taurus]

I hear you, but you're going to have a tough time convincing a Florida jury that having a baby in your hands 6 months after getting married is Hipaa protected "medical information", but icbw.

Depends on who was told what, when and by whom.

I just checked and yes, it's HIPAA that covers such a case. If the teacher didn't sign a release saying it was okay to publish/disclose the information, then the school is on the hook for doing so.

It's funny watching CSI-type shows with my wife, she's always pointing out which doctors and nurses would be ****canned and sued in the real world for disclosing medical info to the cops.

 

[JimEverett]

An employer is generally not covered by HIPPA. HIPPA only applies to medical providers and providers of health care plans. I am not saying there isn't some violation of privacy laws - I don't know, but I doubt its HIPPA.

And if the real reason they fired her was for having premarital sex then there is no violation of federal discrimination laws unless there is proof that the employer knew about men having premarital sex and did not fire them. But there could be a retaliation claim for requesting FMLA leave.