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Coach/Teacher Fired for Unmarried Pregnancy

Discussion in 'Alley of Dangerous Angles' started by Blackthorne TA, Apr 12, 2012.

  1. Blackthorne TA

    Blackthorne TA Master in his Own Mind Staff Member ★ SPS Account Holder Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    Cathy Samford was fired from her position at the Rockwall Heritage Christian Academy for violating the morals clause in her contract.

    I'm of two minds about this. I don't think she has a legal leg to stand on, but it doesn't seem like a very Christian thing to fire her. Aren't Christians all about forgiveness? But I can see their point of view too: she's a role model to these kids. Tough situation.

    What do you think?
     
  2. Taluntain

    Taluntain Resident Alpha and Omega Staff Member ★ SPS Account Holder Resourceful Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) BoM XenForo Migration Contributor [2015] (for helping support the migration to new forum software!)

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    I think it's a pretty silly case. If she didn't read or understand what she was signing, she's not really qualified to be even a sports coach. If she did understand it, what is she complaining about, that they don't change the school policy and contracts of every other teacher in the school? It's not some "minor" violation - I'm sure the consequences of getting pregnant without being married were common knowledge in a school like that. Just like dozens of other "special" rules that apply in a holier-than-thou setting.

    Obviously the school doesn't forgive such "slip-ups" or they wouldn't have put them in the contract. As far as I'm concerned this is a pretty cut-and-dried situation. She knew well enough what she was getting into when she signed the contract and when she became pregnant. This isn't to say that I agree with firing her, but as long as the contract is legally sound, she has no chance of contesting it successfully.
     
  3. T2Bruno

    T2Bruno The only source of knowledge is experience Distinguished Member ★ SPS Account Holder Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    I think the writing was on the wall for this sort of thing after the Supreme Court ruling. It seems religions are allowed to discriminate against a protected status.
     
  4. Blackthorne TA

    Blackthorne TA Master in his Own Mind Staff Member ★ SPS Account Holder Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    I'm not sure you can argue discrimination; this is a contract issue. What protected status are they using to discriminate? Sex because she's pregnant and a man can't be? I suppose that could be argued, but the pregancy is not the real issue; it's the unmarried part of the pregnancy that is the problem.
     
  5. Ragusa

    Ragusa Eternal Halfling Paladin Veteran

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    In Germany similar cases happen form time to time with teachers working for instance for Catholic schools. Since divorce or unmarried pregnancies run counter to Catholic teaching it is assumed that they cannot credibly teach the lesson to pupils while living in contradiction to it. We call such employers, which are usually closely connected to religious institutions, 'tendency businesses'.

    It isn't discrimination since it is well known that this sort of employer has such rules, and people contract with them in the knowledge what they are getting into. I think it is tough and somewhat unfair (and that imo goes particularly for divorce, which may not even be the person's own fault), but it is also legal. It would be illegal with any ordinary company (for whom the private life of their employees is none of their beeswax).
     
  6. Montresor

    Montresor Mostly Harmless Staff Member ★ SPS Account Holder

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    I'm with Tal and BTA here. The woman signed up for a job at a Christian school, knowing what she signed up for.

    As for my neck of the woods: In Denmark it is in practice next to illegal to fire a pregnant woman. The courts will unfailingly find that the woman was fired because she was pregnant, since the employer will be incapable of proving the opposite.

    And yes, they WILL be required to prove themselves innocent!

    In the case in question, I don't think it would even be a matter of contract. The school would be fined for firing a pregnant woman and ordered to pay her reparations for dismissal without due reason - I mean, they even admit firing her for being pregnant! The contract would probably be found "discriminatory" and therefore invalid.
     
  7. Gaear

    Gaear ★ SPS Account Holder Resourceful

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    And she would get damages for having signed a discriminatory contract. ;)
     
  8. LKD Gems: 31/31
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    Look, if you want to work for an explicitly religious institution, you need to understand that you will be expected to follow that religion's code of conduct. That code of conduct isn't a secret. If you are not prepared to follow that code, then go work for another institution.
     
  9. Silvery

    Silvery I won't pretend to be your friend coz I'm just not ★ SPS Account Holder Adored Veteran

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    Damn right, you wouldn't take a bacon sandwich into a muslim school, would you?
     
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  10. T2Bruno

    T2Bruno The only source of knowledge is experience Distinguished Member ★ SPS Account Holder Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    I would agree with the whole "she knew what she was getting into by working at a religious school" thing except with double digit unemployment any institution basically has a gun to the candidate's head. Requiring a standard that is beyond the norm for the occupation is basically coercion.

    In a similar argument, I am a research chemist. Most employers have a standard non-disclosure agreement to sign for researchers which states basically I can't take specific formulations I've worked on to another employer -- it may even state I cannot work in the same industry for two years after leaving (a rare requirement but reasonable in some industries). This is standard in research. If instead the employer puts a form in front of me which states I cannot work in the industry for ten years (which is unreasonable) and tells me I must sign it for employment this can be considered coercion and the agreement, even though I signed it, may not be enforcable. There have been several cases like this is the US.

    I think the woman would have a case in the requirement (can't get pregnant if you're not married) is unreasonable.
     
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  11. The Shaman Gems: 28/31
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    "Should be" doesn't necesarily mean "are". In this situation, firing the woman is as far as I can tell legally permissible, but not necessarily moral. Especially if you want to make such a big thing about the value of life and all that - firing a woman just as she'll be giving birth and having no spouse to support her doesn't sound all that moral to me either. Ah well, good thing the US has such a strong welfare net to provide for those cast off in the name of morality.

    It is ironic that she probably wouldn't have had this problem if she had gone for a hidden abortion. Makes you wonder what kind of morality those moral clauses urge - "If you can't live it, fake it" ?
     
  12. Morgoroth

    Morgoroth Just because I happen to have tentacles, it doesn'

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    This would be blatantly illegal in Finland no matter what sort of institution you happen to have. Firing someone who is pregnant is difficult because the employer has to prove reasons beyond the pregnancy for the termination of the employment contract. Which is good since pregnant women usually mean high costs with next to no benefits for a company and it would be extremely convenient for them to fire all women who get pregnant. Being a religious institution is not a valid reason to deviate from law.
     
  13. Montresor

    Montresor Mostly Harmless Staff Member ★ SPS Account Holder

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    We had a case in Denmark where a small business (15 employees) lost an important client (a public service). As a result they had to close down one department and fire all three employees in that department. One of the three was a pregnant woman.

    The court decided the business could have moved the woman to another department and fired somebody else (which would have caused the business serious inconvenience, not to mention the other employee who should have been fired), so they were sentenced to pay reparations plus a hefty fine, causing the business to go bankrupt. Now they won't be hiring ANYBODY.

    For this and similar reasons, Danish businesses are very careful about hiring women at the age of child-bearing. It would be easier for young women to get jobs if they were seen as a resource, not as a potential liability.
     
  14. Morgoroth

    Morgoroth Just because I happen to have tentacles, it doesn'

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    It would be extremely convenient for businesses if they could fire pregnant women without consequences. I'm unwilling to give them such a right. It's a net benefit for the society as a whole that pregnancy won't be punishable with the loss of career and financial stability. It's also an important issue for gender equality. I don't buy for a minute in to the argument that women would somehow be better off if the protected status was removed.

    I'm not sure I agree with the sentence above but then I like to read through the entire court cases before I make hasty conclusions on the basis of a two sentence summary. I'm sure the courts of Denmark are sensible enough to conclude whether or not the pregnancy was a factor in the firing or not.
     
  15. Montresor

    Montresor Mostly Harmless Staff Member ★ SPS Account Holder

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    Let's just say I'm not.
     
  16. LKD Gems: 31/31
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    They didn't fire her for being pregnant. That's a red herring. They fired her for having sex out of wedlock, which is what the pregnancy is evidence of. Forgiveness is one thing, but standards are still necessary. You cannot have someone preaching a moral standard of behaviour and obviously not following it. Teachers have to lead by example -- you guys would be all over these people if they didn't "practice what they preach".

    Now, they should give her a generous severance package and be supportive in other ways, but to continue having her as an instructor at the institution is ridiculous.

    As a teacher, in all ways you have to set an example. You must be on time to classes if you expect to have any credibility when demanding students be on time. You have to shut off your own cell phone if you want them to take you seriously when you tell them to do the same. You have to return assignments in a reasonable period of time if you want them to meet your deadlines. There are many more examples.

    This isn't rocket science, people. I know many of you are not fond of organized religion and Christianity in particular, but if you want to have people respect your beliefs even if they disagree with them, you have to accord them that same respect.
     
  17. Gaear

    Gaear ★ SPS Account Holder Resourceful

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    The forgiveness 'contradiction' is a little silly too. By that standard, no christian organization would ever hold anybody responsible for anything (including murder, rape, etc.), as they would always be forgiving them. IIRC, the concept of forgiveness in christianity does not equal never being held accountable anyway. Theoretically, this gal would be fired (consequences) and forgiven for betraying their trust. Being forgiven would not automatically mean she gets her job back.
     
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  18. Blades of Vanatar

    Blades of Vanatar Vanatar will rise again Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    I agree with Gaear's last post. Forgiveness doesn't equate to non-punishment. You take your medicine and restart.
     
  19. T2Bruno

    T2Bruno The only source of knowledge is experience Distinguished Member ★ SPS Account Holder Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    Where is it in the article that she "preaches" abstinence? It would be interesting to see which commandments are a part of the contract and which are not. Firing her for having sex out of wedlock is also a red herring.
     
  20. LKD Gems: 31/31
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    My assumption is that the school, being Christian, has Christian values infused in all areas of instruction. It's not just limited to Religion classes. By instructing there, she was expected to teach and promulgate those values, one of which I am assuming to be chastity before marriage and fidelity after marriage. By obviously not following that value, she rendered herself a hypocrite and an ineffective representative of the school as a whole. The contract she signed had a morals clause that laid out very clearly the expectations the school had of her. She violated those expectations knowingly.

    Now the school, of course, needs to tread a fine line in that if they are too hard on her, they risk being seen as unforgiving. But if I paid my hard earned money to the school assuming my kid would be educated in a moral, principles based environment, I would not want someone who clearly held differing moral positions setting a crappy example for my kid. This is not suppressing or infringing on her rights in any way -- I have no problems with her teaching my kids in a public school. But this is different.

    If the out of wedlock thing is also a red herring, then I am curious, T2Bruno, as to why you think they fired her.
     
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