Or maybe you just don't understand what the case is really about.
As I have made it clear a few times, it's not mine or your place to determined whether there's something illegal in the contract, it's for the justice system to do so, and that's why she sued.You really think there was something illegal like this in her contract?
And then as if that wasn't stupid enough, you threw this inane comment in for good measure.
Swing and a miss, strike two...You really think her contract violated any law? Not a snowballs chance in Hell.
There are no "tenets" in an employment contract, only terms.The teacher violated the tenets of the contract according to the school, which acknowledged by the legal article I posted earlier, is not in her favor.
Look, I going to explain this one more time.
In an employment, a contract is only as good as goes. The problem is not the contract, the problem is the action by the diocese. Their actions must be LEGAL. The question at hand is whether their action of firing Herx, due to how she became pregnant, was legal. Now what makes the diocese believe they have a legal right to fire this employee is the protection that the ministerial exception gives to religious organizations.
Now if any secular employer tried to fire Herx for her becoming pregnant, they would be in violation of Title VII of the civil rights act, since a contract does not allow an employer to violate federal and state laws with an employee.
So again, the question comes down to whether the court will broaden the ministerial exception to secular, non-religious, lit teachers working at a catholic school.Title VII's broad prohibitions against sex discrimination specifically cover:
Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.)
Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.
Federal Laws Prohibiting Job Discrimination: Questions And Answers
The court will make that decision, but you really need to understand that a contract does not allow an employer to violate federal and state laws with an employee.Sorry but I'm afraid its game over for her whether you believe it or not.