Teacher fired for premarital sex (1 Viewer)

[mr.t]

longhornjeff
Actually I only gave up drunk in public. I just haven't been caught.

 

[BIG E]

This would be so much more interesting if the teacher was really hot!

 

[superchuck500]

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.

I don't think it's typical that an HR department would be processing an employee's Valtrex prescription - usually that stuff is handled by the health insurer or 3rd party administrator and not by the employer directly. But in your example, the employer is handling personally identifiable health insurance information and HIPAA confidentiality would probably apply, seems to me at least looking at the summaries of the law.

 

[SaintsGold]

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.

You are absolutely right. I've worked for a faith-based company, and so has my wife. She also just applied for a job with another Christian agency, and the application process dealt heavily with morality. It took her days to get through it.

When I worked for a Christian radio station, I had to sign a faith statement and detail my beliefs. Even though my friend owned the place, I knew I could be terminated for acting in ways that would embarrass the company and violate my own statement of faith.

In such cases, states' at-will statuses are not relevent.

 

[Flipx99]

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

Nah dude, if that was the case you could fire someone for being black, female, disabled, pregnant, etc.

At will is the general rule, the fun stuff starts when you get to the exceptions.

 

[Flipx99]

The ADA has certain privacy requirements

urite

 

[Flipx99]

Facts About Pregnancy Discrimination

The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to the federal government. Women who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
Title VII's pregnancy-related protections include:

• Hiring An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers.
• Pregnancy and Maternity Leave An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
  If an employee is temporarily unable to perform her job because of her pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments, or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled because of pregnancy to do the same.
  Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer also may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.
  Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave.

 

[dtc]

Nah dude, if that was the case you could fire someone for being black, female, disabled, pregnant, etc.

At will is the general rule, the fun stuff starts when you get to the exceptions.

Right. You can't say "you're black so you're fired", but you can say "you're fired" and give no explanation.

 

[Flipx99]

Right. You can't say "you're black so you're fired", but you can say "you're fired" and give no explanation.

Correct, then you get into whether there is direct or indirect evidence that the reason for the termination was race.

 

[PayOrPlay]

For the reasons mentioned by others I foresee a confidential settlement with a payment (probably a very small one) to the employee.

Then, I hope she can find a better job somewhere because it's rather obvious that she needs--and presumably deserves--to be in a more tolerant environment than this one.

 

[guidomerkinsrules]

would Mary (you know...jesus's mom) passed the morals clause?

 

[Changeling]

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.

I worked at Stanislaus for years (now 15 years ago). Would be interested in hearing what you think the crap they get away with there.

 

[Goatman Saint]

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.)

The only people who have access to that info are the school nurse and the child's teacher. I know that schools are covered with a confidentiality clause as solid as a doctors and we can get sued for releasing that information. The reason that is done is that there is a list given at the beginning of the year to each teacher telling your students medical concerns. Usual ones are asthma and diabetes. That way if something is happening to a child we know and can deal with it asap for the safety of the child.

 

[Sarcastic]

Facts About Pregnancy Discrimination

The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to the federal government. Women who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
Title VII's pregnancy-related protections include:

• Hiring An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers.
• Pregnancy and Maternity Leave An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
  If an employee is temporarily unable to perform her job because of her pregnancy, the employer must treat her the same as any other temporarily disabled employee. For example, if the employer allows temporarily disabled employees to modify tasks, perform alternative assignments, or take disability leave or leave without pay, the employer also must allow an employee who is temporarily disabled because of pregnancy to do the same.
  Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer also may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.
  Employers must hold open a job for a pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave.

But the burden is on the woman to prove that the employer was using a pretext for FMLA leave. If the employer shows that she was terminated for a morality violation that is inconsistent with the organization's religious beliefs, they are still allowed to do that under Title VII, which provides exemptions for religious organizations doing work related to their beliefs, including education.

 

[KiwiSaint]

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.

Maybe those tenants should be evicted for not paying rent...