Teacher fired for premarital sex (2 Viewers)

[superchuck500]

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.

If she was an at-will employee, it probably is a justifiable firing. It isn't that she got pregnant, it is that the pregnancy was premarital, which goes against the core principles of the organization.

If she's a contract employee, it depends on the language in the contract.


But think about all the hiring that happens because of pre-marital sex. I bet each of us can think of a few people we know who knocked up their girlfriend and ended up gettting a job out of it from her father or uncle or something. So a few firings probably is still just a drop in the bucket.

 

[interstatedodge]

1. It's a private CHRISTIAN school. If it violates the tenants of their faith, then they should be allowed to fire someone for pre-martial sex. However, the last time a checked my bible, god's considers it a worse sin to not extend forgiveness to someone who needs it, just saying.

2. As long as any legal action solely focuses on the disclosure of private medical info to outside sources, then the legal action should be sucessful, once the lawyer tries to make it about ANYTHING else, the judge should dismiss the lawsuit immediately.

 

[superchuck500]

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.

I think you're right. HIPAA only applies to employers to the extent that the employer maintains medical records or provides medical care (i.e. on-site clinic, nurse, drug-testing, etc.).

 

[mr.t]

I teach at a Catholic School, and my contact has a Morals Clause. If I break the Morals Clause, felony arrest,drunk in public, fooling around on my wife, living with a significant other, I can be fired. I was told that all who work or go to school at a Catholic School gives up certain rights. So, I follow my Morals Clause. If I do not want to follow the Morals Clause, I do not sign the contract. I am a big boy. I know the consequences of my actions.

 

[crosswatt]

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[Sarcastic]

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.

Right. It's not HIPPA (both schools and employers are usually exempt, double-whammy there), it's the Civil Rights Act of 1964, specifically Title VII.

You cannot discriminate against a pregnant woman any more than you can against a certain race, etc. The law (as amended in 1979) specifically forbids discrimination against pregnant women REGARDLESS OF MARITAL STATUS.

BUT...

There is an exemption in place for 'religious organizations doing related work, including most educational institutions'. I can't find the text, but I assume that refers to a clause protecting the institution's right to discriminate according to religious belief. I guess they could argue that her premarital sex was evidence of their differing religious beliefs.

 

[rob021275]

You kind of have to wonder if she had not answered the question about conception or lied about it and then claimed the child was born a month premature what would have happened.

 

[JimEverett]

Right

But the school is not saying they fired her for being preggo but rather for having pre-marital sex, which is perfectly in line with federal law as long as its applied to men and women equally. She has to show that that reason is a pretext for a discriminatory reason.

 

[4saintspirit]

I teach at a Catholic School, and my contact has a Morals Clause. If I break the Morals Clause, felony arrest,drunk in public, fooling around on my wife, living with a significant other, I can be fired. I was told that all who work or go to school at a Catholic School gives up certain rights. So, I follow my Morals Clause. If I do not want to follow the Morals Clause, I do not sign the contract. I am a big boy. I know the consequences of my actions.

this is good insight -- I guess a loophole would be whether they conceived the child prior to being employed or signing the moral clause --

 

[texasjefe]

I teach at a Catholic School, and my contact has a Morals Clause. If I break the Morals Clause, felony arrest,drunk in public, fooling around on my wife, living with a significant other, I can be fired. I was told that all who work or go to school at a Catholic School gives up certain rights. So, I follow my Morals Clause.

So you gave up the felonies and adultery?

 

[Taurus]

Right. It's not HIPPA (both schools and employers are usually exempt, double-whammy there), it's the Civil Rights Act of 1964, specifically Title VII.

You cannot discriminate against a pregnant woman any more than you can against a certain race, etc. The law (as amended in 1979) specifically forbids discrimination against pregnant women REGARDLESS OF MARITAL STATUS.

BUT...

There is an exemption in place for 'religious organizations doing related work, including most educational institutions'. I can't find the text, but I assume that refers to a clause protecting the institution's right to discriminate according to religious belief. I guess they could argue that her premarital sex was evidence of their differing religious beliefs.

I'll ask again.

Since she's always worked in healthcare, my wife's employer has always been under HIPAA.

It may not be HIPAA, but there are statutes in effect about releasing confidential medical information without permission that apply to any and all employers.

 

[saintsfanflorida]

That whore got what was coming to her. Premartial sex is wrong. Really who does that?

 

[JimEverett]

I'll ask again.

Since she's always worked in healthcare, my wife's employer has always been under HIPAA.

It may not be HIPAA, but there are statutes in effect about releasing confidential medical information without permission that apply to any and all employers.

The ADA has certain privacy requirements

 

[Taurus]

The ADA has certain privacy requirements

The example I'm thinking of is if you go to the doc for something you'd rather not have bruited about, the HR department processes your pharmacy coverage claim and proceeds to tell everyone you're taking Valtrex for herpes.

So unless she signed off on publication of her condition, the school is in the wrong to even announce she's pregnant or had a baby. For all the world is allowed to know, she may have had a cyst or something.

 

[NotOnHerb]

I teach at a Catholic School, and my contact has a Morals Clause. If I break the Morals Clause, felony arrest,drunk in public, fooling around on my wife, living with a significant other, I can be fired. I was told that all who work or go to school at a Catholic School gives up certain rights. So, I follow my Morals Clause. If I do not want to follow the Morals Clause, I do not sign the contract. I am a big boy. I know the consequences of my actions.

My ex also taught at a Catholic school and I know a few others who teach at other Christian based schools who have the same Morals Clause.

This clause actually played a big part in the end of our relationship because it instilled an unwarranted sense of guilt into my ex.