Is it discrimination or is it legal?

[AB17]

What is the name of your state: Kentucky
Is it legal for a church preschool to fire you if you have sex before marriage? Is it legal to put in the code of conduct that you cant have sex before marriage? Is any of that legal?

 

[cbg]

Most likely yes, it is legal. The separation of church and state means that the state can't tell the church what to do any more than the church can tell the state what to do. Churches and their affiliate organizations are allowed to require their employees to adhere to the requirements of that particular church.

 

[AB17]

So can they fire someone if they are pregnant?

 

[quincy]

So can they fire someone if they are pregnant?

Yes, it is legal.

Following is a link to Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, January 2012: http://www.supremecourt.gov/opinions/11pdf/10-553.pdf

The United States Supreme Court said that federal discrimination laws do not apply to religious employees of a church. The First Amendment provides a "ministerial exception."

Religious employees cannot sue for religious discrimination over the firing and hiring decisions of a church.

 

[AB17]

It is not a church it is a preschool that is ran out of a church. They are technically separate.

 

[cbg]

If the preschool is run by the church, that's all that matters.

 

[CTU]

It is not a church it is a preschool that is ran out of a church. They are technically separate.

Do you think you can manage to give all of the relevant facts in one post rather than make the very kind volunteers play dentist?

Thanks so much for your gracious understanding.

 

[quincy]

It is not a church it is a preschool that is ran out of a church. They are technically separate.

Did you read the Supreme Court's Opinion in the case I cited?

If the preschool is connected with the church (and every preschool I am familiar with that is run out of a church has this connection), then the Supreme Court addressed your concerns in Hosanna-Tabor. Federal discrimination laws do not apply to churches (or church preschools or church schools).

If you are a preschool teacher at this church-based preschool and you are pregnant out of wedlock, you might want to find another job.