Legal Question in Employment Law in California

Fired unmarried and pregnant

Can a Catholic school, belonging to the Archdiocese, fire a teacher who is not married and chooses to conceive a child with her boyfriend? What rights does the teacher have?


Asked on 9/11/05, 2:51 am

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Fired unmarried and pregnant

I will respectfully disagree with Mr. Nelson on this issue. California courts have protected religous institutions in cases where an employee was terminiated for engaging in conduct that was contrary to that church's teachings.

I don't know what the Catholic church teaches on alternative methods of conception, but they and most Christian churches teach that sex outside of marriage is wrong. It's one of those topics where the Bible is pretty clear, not a lot of room for interpretation. This teacher also probably signed a contract that included a code of conduct that either impliedly or expressly addressed this issue. It doesn't exactly make this teacher a good role model if she went directly against the teachings to school and the church by getting pregnant. I believe the termination was both legally and morally justified under circumstances you have described.

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Answered on 9/16/05, 3:54 pm
Terry A. Nelson Nelson & Lawless

Re: Fired unmarried and pregnant

None. The law exempts churches and religious organizations from all discrimination laws.

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Answered on 9/16/05, 3:06 pm


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