A FEHA claim that was filed by a preschool teacher against Henry V. Red Hill Evangelical Luthera Church of Tustin, a school church in California, was recently dismissed by the federal trial court.
In her lawsuit, the teacher claimed that she was wrongfully terminated for her marital status. When the teacher applied for the position at the said school church, she was married and later on filed for divorce. She then met what would be her new boyfriend. They have been living together and soon had a child out of wedlock.
The said teacher has been employed at the school church since August 2002 until May, 2009 as a pre-school teacher and soon became the pre-school director. In reciprocation with her sworn position, every year, she is to sign a document setting forward the professional expectations for teachers. Under the school church directive, teachers are expected to serve as a “Christian role model” for the students as well as with the parents. As a part of the school church’s curriculum, the teacher taught religion and other related issues to the preschool students. She is further required to attend chapel with her class once a week.
Initially, the school church administration wasn’t aware about the teacher’s marital status. But when the parents discovered her living situation, the parents expressed their disapproval to the principal of the school church. The administration immediately responded to the complaints of the parents by terminating the said teacher.
The teacher filed a FEHA claim but unfortunately, her complaint wasn’t heard due to the fact that the church is a religious institution and that the teacher was fired because of violation of the church’s directive.
To further clarify the reason behind the dismissal of the teacher’s FEHA claim, based on the provision of California Fair Employment and Housing Act (FEHA), non-profit religious organizations are not included from their definition of an employer.
The teacher affirmed that the school church is not an exemption to the rule; however, the court stands still on its decision by stressing that the school church did not have any independent legal status aside from the church.
Furthermore, the trial court analyzed that the church’s decision of firing the teacher was based on religious matter and not upon her marital status. Therefore, no public policy has been violated.
The teacher actually has a strong point here in filing for FEHA claim for her wrongful termination if she was filing the same against an existing employer under the FEHA. Sad to say, the school church where she has been employed was not operating and abiding under the laws of FEHA.
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