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Unmarried Pregnant Employee Can Sue Religious School for Discrimination

Appeals court says “knowledge or mere observation” of woman’s pregnancy is not a “permissible basis” to fire her under state law.

Key Point 8-12.04. Title VII of the Civil Rights Act of 1964 prohibits employers engaged in commerce and having at least 15 employees from discriminating in any employment decision on the basis of race, color, national origin, gender, or religion. The Act permits religious organizations to discriminate in employment decisions on the basis of religion. This exemption permits such organizations to discriminate on the basis of moral or scriptural standards so long as they do so consistently and not in a way that adversely impacts employees who are members of a group that is protected under an applicable state or federal discrimination law.

A New Jersey appeals court ruled that a pregnant, unmarried teacher could pursue a lawsuit under her state’s nondiscrimination law against a religious school. The reasons: The school did not possess a policy explicitly identifying extramarital sexual ...

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Posted:
  • October 27, 2021

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