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re: Jury awards fired Catholic school teacher $1.9 million

Posted on 12/25/14 at 8:08 pm to
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 12/25/14 at 8:08 pm to
quote:

The teacher in question violated the code of conduct for K-12 educators in Catholic schools. There is no discrimination issue involved.



I don't think the problem is so much their code of conduct as much as their inconsistent application of it with this particular individual. By acknowledging pand approving of time off for the same exact procedure previously, it seems dishonest to fire her for the same procedure. If they held that stance from the beginning, she probably would have had a weaker case.
Posted by lsuprof
Baton Rouge, Louisiana
Member since Dec 2008
501 posts
Posted on 12/25/14 at 8:41 pm to
quote:

I don't think the problem is so much their code of conduct as much as their inconsistent application of it with this particular individual. By acknowledging pand approving of time off for the same exact procedure previously, it seems dishonest to fire her for the same procedure. If they held that stance from the beginning, she probably would have had a weaker case.


This is a good point. However, I think that the response by the Catholic Church is that the teacher received permission from the principal, who apparently was not following Catholic teaching on the matter. When the parish priest found out about it, he then made it clear that the principal was in error and that what the teacher was doing was not consistent with Catholic teaching. Hence the fact that the teacher did this the first time with no sanction was based on an error by the principal in the application of Catholic teaching.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
70858 posts
Posted on 12/25/14 at 8:50 pm to
quote:


This is a good point. However, I think that the response by the Catholic Church is that the teacher received permission from the principal, who apparently was not following Catholic teaching on the matter. When the parish priest found out about it, he then made it clear that the principal was in error and that what the teacher was doing was not consistent with Catholic teaching. Hence the fact that the teacher did this the first time with no sanction was based on an error by the principal in the application of Catholic teaching.


I agree with this point. Also, K-12 educators aren't held to strict doctrinal standards across the board which could be argued as creating further confusion.

Posted by VOR
Member since Apr 2009
63440 posts
Posted on 12/25/14 at 9:00 pm to
quote:

She violated her contract, which is a fireable offense.


There are decisions in various courts (both state and federal) that have held certain contract clauses to be simply unenforceable for various reasons (against public policy [contra bono mores], unequal bargaining power, contract of adhesion, etc). Just saying.
This post was edited on 12/25/14 at 9:02 pm
Posted by Sleazy E
Member since Jan 2014
1768 posts
Posted on 12/26/14 at 10:39 am to
quote:

$1.75 million for emotional and physical damages

Physical damages? Did the Catholic church beat the crap out of her after they terminated her contract too. Sounds like a bunch of religion hating liberals being allowed to abused their power to send their vile ideals and messages across.
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
98918 posts
Posted on 12/26/14 at 12:12 pm to
quote:

How is it alot of you people are agreeing with the ability of the Church to rule over the private life of an individual with regard to the method of pregancy?


I may think it's dumb, but the reality is when you sign up to work for a religious institution then you should know there's a good chance you're going to be held to their religious interpretation of standards. We have a decent sized Catholic school system here and everybody is pretty aware of their moral clause in their contracts.

Now it's possible the argument can be made that they aren't enforcing that moral clause for everyone (i.e. Divorcees, extramarital affairs, children out of wedlock, etc) but I don't know legally how they make that stand.
This post was edited on 12/26/14 at 12:13 pm
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