Sex before marriage was prohibited in the contract that she signed.
Hamilton told MSNBC she never signed a contract that specifically barred her from having premarital sex.
The following is an example of a morals clause used in an employment contract in a published case. Employers considering such a clause, however, should be aware that most entertainment industry collective bargaining agreements prohibit such clauses and most lawyers representing employees object.
“The employee agrees to conduct himself with due regard to public conventions and morals, and agrees that he will not do or commit any act or thing that will tend to degrade him in society or bring him into public hatred, contempt, scorn or ridicule, or that will tend to shock, insult or offend the community or ridicule public morals or decency, or prejudice the producer or the motion picture, theatrical or radio industry in general.” See Noah B. Kressler, Using the Morals Clause in Talent Agreements: A Historical, Legal and Practical Guide, COL. J. OF LAW AND THE ARTS, 235, 236 (2005) (citing Lowe’s, Inc. v. Cole, 185 F.2d 641, 645 (9th Cir. 1950)).
"At this point, we're not making any comment," said Jesus Christ. "We were aware of the EEOC and were going to go to mediation."posted by mazola at 11:00 AM on June 27, 2010 [2 favorites]
"In response to the first claim that she was fired because she was pregnant this is not true," Jesus said. "We do have teachers employed that are pregnant, two just last year while Jarretta was employed here."
"We request," Christ continued, "that Jarretta withdraw her complaint and consider the testimony of the Lord."
This isn't a funtime clubhouse, this is someone's career. If keeping your job as an educator, not a preacher or deacon or suchlike, just a schoolteacher, means you must undergo forced conversion or lose your livelihood, well, something is seriously wrong there.Actually, I think that this would be considered sexual discrimination under normal circumstances, since only women get pregnant. But this is a religious institution, so it gets a lot more leeway.
Apart and aside from that, it's an invasion of the woman's privacy and obscenely cruel to pillory her before the staff and students.
This is why "Right To Work" laws suck. You aren't an employee as much as you are a paid slave, expected to worship and believe as the master does on or off the clock.
"According to the complaint, Hamilton is suing under federal gender discrimination laws, a state marriage discrimination law and for violations of her privacy.posted by ericb at 2:11 PM on June 27, 2010 [1 favorite]
'The school told the students and their parents why Hamilton had been fired. Disclosing that kind of personal information was a violation of her privacy,' Gay said.
... 'The school, despite being a private religiously affiliated institution, is not exempt from federal discrimination laws', Gay said.
'The school is still covered by federal law, in part because they have more than 15 employees,' he said. 'The courts have constantly rejected arguments when such schools say its 'free exercise' and cite the First Amendment. It's different for church employment, but this teacher was performing essentially secular duties.'"*
She signed a contract. [...] She then chose to disregard the morals clause of her contract, and chose to have sex before her marriage.“If there was a contract in place that had a specific morality clause, I think that would make a difference,” Treftz said.
She got caught and was fired, as her contract stated she would.
[...] she plainly breeched [sic] her contract and was terminated for cause.
[...] nor do you have to like the institution that hired her for their morals clause to be legal and binding.
So, we should all be able to quit at any moment for any reason
Am I completely mistaken or are non-compete clauses routinely held to be unenforceable?
"Jarretta was asked not to return because of a moral issue that was disregarded, namely fornication, sex outside of marriage. The employment application, which she filled out, clearly states that as a leader before our students we require all teachers to maintain and communicate the values and purpose of our school."Values? Did I just hear a dog-whistle? Whether it was the precipitating force of just a shallow explanation leading to parading her fornication around to the parents of her students, Christianity is still involved.
I am the way, the truth, and the life: no man cometh unto the Father, but by me.So i.e. Moses's salvation from sin and hence his admission to Heaven instrumentally happened through Christ who wasn't born until more than a thousand years after Moses's death.
...he which made them at the beginning made them male and female, And said, For this cause shall a man leave father and mother, and shall cleave to his wife...
...What therefore God hath joined together, let not man put asunder.
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posted by Brandon Blatcher at 9:03 AM on June 27, 2010 [14 favorites]