Smeagol
DP Veteran
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Can anyone say for certain whether a "no premarital sex" clause in a contract is even legal and binding?
I'm 99% sure if the employer is a faith-based non-profit and sex only between married couples of the opposite gender is a key principle of their faith, then its protected under the First Amendment. The faith-based non-profit I once worked was the asked to join the legal case that established the precedent that allowed non-profits in its sector to not have to follow EEOC rules because of the First Amendment I think in part because women and minorities made up more than hale of the staff. I remember specifically seeing a brief that used a hypothetical where if an order of Catholic nuns operated a similar non-profit, then by virtue of its faith-based nature no men nor married women could be hired for certain leadership roles arguing the the First Amendment should take precedent over EEOC rules.
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