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Thread: Woman fired for having sex

  1. #271
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    Re: Woman fired for having sex

    Quote Originally Posted by rocket88 View Post
    That's fine, except that they knew what her boyfriend did and still hired him.
    We don't know that they hired him, just that she says they offered him a job. We also don't know if the now husband asked for forgiveness and repented his past actions. In any event, technically she's been fired for violating a clause in her employment contract. He violated no such clause. IF he went to work for them he was in a position to go forth and sin no more.

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    Re: Woman fired for having sex

    Quote Originally Posted by clownboy View Post
    We don't know that they hired him, just that she says they offered him a job. We also don't know if the now husband asked for forgiveness and repented his past actions. In any event, technically she's been fired for violating a clause in her employment contract. He violated no such clause. IF he went to work for them he was in a position to go forth and sin no more.
    What has to also be remembered is that in religious institutions like this they only require such respect for faith clauses in contracts of employees who have direct contact with students - the woman worked with students - perhaps the boyfriend/husband was given a job working as a night shift custodian or some other job that didn't interact with students.

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    Re: Woman fired for having sex

    Quote Originally Posted by notquiteright View Post
    You are dodging around a bit...where did I say the Chuch School can't use contracts to hire secular employees? WHAT is in the contract is the issue at hand.

    FYI you are clueless on what a secular school can include in a contract...legally that is....
    No, I think if they wanted to they could mark procedures to do so. But none of this changes the fact that the individual has right to contract. So it's moot.
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    Re: Woman fired for having sex

    Quote Originally Posted by Tucker Case View Post

    Of course. But prohibiting interracial relationships are a matter of targeting race, rather than behavior. There is no non-interracial equivalent behavior that is being targeted as well.
    Interracial sex is absolutely a behavior. Its the behavior of having sex with someone who has a different skin color than you. You seem to be under the impression that its legal to discriminate against behavior, which simply isn't the case. Marriage may be a behavior, but its protected under California law with regards to employment.

    But when extramarital sex is being discussed, there is both a non-married and married behavior involved, both of which are prohibited by this contract. If it was one and not the other, then a very strong case for discrimination could exist, but since both were targeted, that case is far, far weaker.
    There is no legal defense for discrimination lawsuits in which you claim "but look we discriminate against everyone so its okay". Married and Unmarried are both being discriminated against, just like both the white and black person are both being discriminated against with interracial bans.

    False. The fact that the overarching behavior which was prohibited (extramarital sex) applies to all people, regardless of their marital status (and it does here) it is not comparable to interracial sex (which only applies to those who would engage in interracial sex). there would have to be an equivalent that applied to non-interracial sex in order for the two to be comparable.
    They are no different, because both of the prohibited behaviors have an inherently prejudicial definition. Extra-martial sex is determined by the martial status of the participants, interracial sex by the color of their skin. The discriminatory nature of the definition itself makes any rulings based on said definition equally unfit.

    It wasn't based on that, though.
    If you claim that marital status wasn't the issue, try explaining how the policy would work if the school was kept in the dark if their employees were married or not. If the school has to know in order to enforce the policy, marital status must logically play a part.

    Where did you get that idea from? It includes all extramarital sex, not just extramarital sex with a married partner (that's the key difference from your interracial sex example).
    Anti-discrimination laws have a pretty decent test for determining if you violating it. Lets suppose that two people have sex and you have to decide whether to fire them or not. If you need to know the persons melanin content, gender or marriage license to make that decision, you are breaking the law.

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    Re: Woman fired for having sex

    Quote Originally Posted by Ikari View Post
    No, I think if they wanted to they could mark procedures to do so. But none of this changes the fact that the individual has right to contract. So it's moot.
    i am not agreeing with you or disagreeing.......you have a right to seek contract, however you don't right to have one.

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    Re: Woman fired for having sex

    Quote Originally Posted by Dittohead not! View Post
    Had she had an abortion, no one would have known about her sexual escapades, so she wouldn't have been fired. She still would have violated an agreement she made, presumably of her own free will.

    She was terminated for having violated an agreement she signed as a condition of employment. It's hard to fault anyone for that.
    We can blame the idiots that made her sign such a ridiculous agreement in the first place. Not having sex should not be a condition of employment that is just ridiculous. I swear, it's 2013, how the **** do we have such idiots still among us??
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  7. #277
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    Re: Woman fired for having sex

    Quote Originally Posted by rocket88 View Post
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    She did sign some kind of agreement about not doing it. They only found out because she was pregnant, so ironically if she had gotten an abortion it would have been a-ok.
    I'm not seeing any grounds for a lawsuit here. She signed a contract, she violated said contract, and was terminated as a result. Don't want to get fired? Don't sign a contract you know you can't comply with.
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    Re: Woman fired for having sex

    Quote Originally Posted by rathi View Post
    Interracial sex is absolutely a behavior. Its the behavior of having sex with someone who has a different skin color than you. You seem to be under the impression that its legal to discriminate against behavior, which simply isn't the case. Marriage may be a behavior, but its protected under California law with regards to employment.



    There is no legal defense for discrimination lawsuits in which you claim "but look we discriminate against everyone so its okay". Married and Unmarried are both being discriminated against, just like both the white and black person are both being discriminated against with interracial bans.



    They are no different, because both of the prohibited behaviors have an inherently prejudicial definition. Extra-martial sex is determined by the martial status of the participants, interracial sex by the color of their skin. The discriminatory nature of the definition itself makes any rulings based on said definition equally unfit.



    If you claim that marital status wasn't the issue, try explaining how the policy would work if the school was kept in the dark if their employees were married or not. If the school has to know in order to enforce the policy, marital status must logically play a part.



    Anti-discrimination laws have a pretty decent test for determining if you violating it. Lets suppose that two people have sex and you have to decide whether to fire them or not. If you need to know the persons melanin content, gender or marriage license to make that decision, you are breaking the law.

    i see NO discrimination laws, prohibiting citizens or business, only governments, for california and the federal government in BOTH supreme laws....state laws do not overdrive the CA constitution as federal does not override u.s. constitution.

    as stated before the CA constitution protects ..contract.

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    Re: Woman fired for having sex

    Quote Originally Posted by ernst barkmann View Post
    i see NO discrimination laws, prohibiting citizens or business, only governments, for california and the federal government in BOTH supreme laws....state laws do not overdrive the CA constitution as federal does not override u.s. constitution.

    as stated before the CA constitution protects ..contract.
    Just no.

    CA Code 12940

    (a) For an employer, because of the race, religious creed, color,
    national origin, ancestry, physical disability, mental disability,
    medical condition, genetic information, marital status, sex, gender,
    gender identity, gender expression, age, or sexual orientation of any
    person, to refuse to hire or employ the person or to refuse to
    select the person for a training program leading to employment, or to
    bar or to discharge the person from employment or from a training
    program leading to employment, or to discriminate against the person
    in compensation or in terms, conditions, or privileges of employment.

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    Re: Woman fired for having sex

    Quote Originally Posted by Ikari View Post
    No, I think if they wanted to they could mark procedures to do so. But none of this changes the fact that the individual has right to contract. So it's moot.
    No one is saying the is no right to contract, what I'm saying is the Church should not get special exemptions when contracting secular employees. This isn't an all or nothing deal. Contracts are not documents of servitude, there are limits to what an employer can require of an employee. This is beginning to be explored in the birth control tussle, we shall how it all shakes out.

    I'd like to see this go to the courts and be hammered out. My lean is toward if the school takes federal money then secular hiring rules apply. (secular health insurance laws apply too)

    But the courts will decide this.

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