Jarretta Hamilton was fired from her job as a fourth grade school teacher at Southland Christian School in St. Cloud, Florida, for fornication — having sex before marriage. Hamilton and her husband were married on February 20, 2009. Three weeks before the wedding, she conceived her daughter, Sarah. In April 2009, Hamilton approached Principal Jon Ennis, requesting a standard six week maternity leave for the fall. As the conversation progressed, Ennis ask Hamilton is she had conceived prior to marriage, knowing Hamilton had only been married for a few weeks. Hamilton answered yes, seeing no reason to lie to her employer. Shortly thereafter, Hamilton was asked not to return to the Christian school 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 students the school requires all teachers to maintain and communicate the values and purpose of the Christian school. Hamilton alleges the termination violated federal anti-discrimination laws. In addition, they allege in a pending lawsuit, the school’s principal invaded Hamilton’s privacy by telling other teachers and the parents of her students the exact reason she was fired. Read more: MSNBC Article

Although private school teachers do not generally enjoy as much of the constitutional protection as public school teachers, statutes may provide protection against discrimination. The Civil Rights Act of 1964, for example, protects teachers at both public and private schools from racial, sexual, or religious discrimination. Private school teachers may also enjoy rights in their contracts that are similar to due process rights, including the inability of a private school to dismiss the teacher without cause, notice, or a hearing.

Leeds Morelli & Brown, PC is a nationally recognized leader in the area of employment law. Our firm has had considerable success in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds, Morelli and Brown, PC at 1-800-585-4658 for a free consultation.