Tabatha Hutson, a school teacher has recently lost her job at a Tennessee Christian School for becoming pregnant out of wedlock. Hutson decided to take legal acton and sue Concord Christian School for sex and pregnancy discrimination. Hutson began her career at the school in 2011, when she was hired for the position to teach kindergarten. After five years of teaching kindergarten, she then became a second grade teacher at the school in 2015 and has remained as the second grade teacher up until her recent dismissal from the school. At the time of her pregnancy, which was in the 2016 to 2017 academic year, Hutson was not married to her child’s father.
The principal of Concord Christian School requested to meet with Ms. Hutson after her pregnancy became externally obvious to the students and other faculty members. The meeting was made primarily to discuss her pregnancy. At the time of the meeting held with the Principal and other administrative faculty members, Hutson was 11 months pregnant. Ms. Hutson had stated that she wished to wait until the end of the first trimester and view the heath of the child, before breaking the news to the school board. In the crux of the meeting, Ms. Hutson was informed that her contract would not be renewed by the school for the 2017-2018 academic year due to her “out-of-wedlock” pregnancy. The sole reason for her dismissal was her pregnancy, not for any performance issues or anything related to her conduct within the class room. Hutson is seeking around 2 million dollars in compensatory and punitive damages. The suit was purposed as one discriminating against her pregnancy which runs under
Title VII as amended by the Pregnancy Discrimination Act; as well as against her sex, as Hutson stated that if she was male and could hide her out-of-wedlock sexual activity, then she would have kept her job. The father of the child also worked at the school as a voluntary Sunday School teacher, but was not relived of his duties from that position.
The school fought the lawsuit and stated that it had the right to terminate Hutson, as evidenced by a Supreme Court ruling in 2012 (Hosanna-Tabor Evangelical Lutheran
Church and School v. Equal Employment Opportunity Commission). The ruling recognized “ministerial exception” to employment discrimination laws. Hutson’s claim would not stand, as the case in 2012 made it clear that an employee can be discriminated against for religious purposes. Hutson argued that she is not a minister but a teacher, however the case in 2012 did not define what it means to be a minister. The doctrinal beliefs held by the school are stated to all new hires and in part of it is stated that the school “makes no apologies for or compromises to our convictions”… the convictions being upheld by the Christian doctrinal belief-system. The case was dismissed by the court.
I think the court got this case wrong, due to fact that Hutson made a valid point in her sex playing a factor in the case. The child of the father worked at the school too, but he was able to keep his position. Although he was a volunteer, the father of the child still is subject to the same doctrinal-christian belief system as Tabatha. If she was a male it would have been much easier for her to hide this notion and if ever discovered, I doubt the school would have removed a male from the position. Although, she may have violated Christian beliefs as it relates to child-birth out of marriage; the school itself violated Christian-doctrinal values such as those relating to mercy and forgiveness. Jesus himself was faced with a similar case when the teachers of the law and the Pharisees brought in a women caught in the act of adultery. The law says to condemn the woman, but Jesus responded “Let any one of you who is without sin be the first to throw a stone at her”. Adultery and having a child out-of-wedlock are two situations which can either end in condemnation or forgiveness. The school chose to act in opposition of their faith’s leader. There should be joy and support for a woman giving birth to a child. The meeting could have discussed future plans of marriage and a reminder of the Christian values taught with grace, but instead the school chose to violate Christian-doctrine and leave a woman with no job knowing the cost of care for a child.
8 comments:
I agree with the author's opinion. It is quite injust that the man who got her pregnant kept his job at the same school that she worked at. The man should have equal responsibility for the act of impregnating her. You also cannot compulse some one become pregnant or not pregnant. This is not a freedom of religion right, it is an overall First Amendment right. It is out of the school's control what Hutson does with her life. What does the school want her to do after getting pregnant? Get an abortion so the kids don't think she's pregnant? This would go against the school's Christian values.
I agree with the authors opinion in this case as to this blog post angers me. It is unjust that she is segregated for her gender and is controlled by the school on the matter of what she can and can not do. This case is not neutral to the fact that personal beliefs and governmental action is crossed and bias the Catholic religion. This also violates Hutson's First Amendment rights.
I agree with the author in this case. While I do feel that the school has the right to fire the teacher on religious grounds, the school would have to be logically consistent and remove the father as well. If the school had concrete knowledge of the father’s involvement, the father would have had to been removed too.
I completely agree with the author's opinion on this case. I think this was clearly discriminatory based on not just religion as they claim is permitted, but sex as well. They only addressed her when the evidence of her fornication was visible. There would be no real way for the evidence of a male teacher's fornication to be visible, and I also doubt that he would face any serious repercussions if there were. This rule of religious chastity seems to only apply in its effect to women and that is unacceptable. While I do agree that the school, as a private institution has the right to enforce it's religious values, I believe termination was too hard a punishment. I also think that this punishment should have been extended to the father of the baby as well since he essentially committed the same offense.
I agree with the author and the previous commenters regarding this case. This case is clearly discriminating against her sex. They are firing this woman from this school, but allowing the man who got her pregnant to keep his job at the school. This is clearly not a neutral ruling. In addition to this, as the author states, the school is violating Christian-doctrinal values, like mercy and forgiveness, therefore I believe that this court’s ruling is unconstitutional.
Private schools present a tricky environment for First Amendment rights to exist. I do agree with the author that this is blatant discrimination based on her gender, but there are certain rights that are given up when working for a private religious institution. For instance, many religious schools require their employees to be of the same belief system which would be an otherwise discriminatory practice for other employers to enforce. However, unless it was in her contract that she needed to follow this specific Christian teaching, I do not think the school is right to go as far as to terminate her employment for it. Many denominations within Christianity believe different interpretations of Christian values and unless the school specified and she agreed, then there should be no way they can rightfully terminate her employment.
To Selby's point, I agree that the distinction about the school being private is important. Ultimately though, I agree with the author's point that this was an unconstitutional act. The school cannot break the law (i.e., anti-discrimination statutes) and the First Amendment does not protect religious action against the law of the land.
I agree with the author's point. It is completely and utterly absurd for the court to allow the mother to be fired but for the father to keep his position. This is one of those cases where it is tricky to tell the religious school what they can and can't do when it comes to dismissing teachers who are acting against Christian beliefs. However, it does excuse the obvious gender discrimination going on and on those grounds, the religious school and the court failed this citizen.
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