I would think they would appeal if for no other reason than the future liability they could be looking at.

She was awarded $120k.

 

Jury awards Christa Dias $120K in suit against Archdiocese of Cincinnati

 

The article I was reading said 171K:

 

Ohio teacher awarded $171,000 after firing over artificial insemination | Reuters

Are they appealling? I don't see how under law the church can be punished . Slippery slope. If you work for a faith based organization and can't respect their doctrine you should probably work elsewhere .

 

From the article, this sort of answers your question, at least in this one case:

 

"The jury decided that federal law trumps contract law," Klingler said. "You can't sign away your rights to be protected."

 

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While many may not agree with that logic, you could argue a lot of good comes from that logic in general.

I could see this one eventually going all the way up to the Supreme Court. There are bigger issues involved here. Considering the changes in law and society, I would predict that the Church would still lose.

Sounds like her case is going to rest on the definition of a "ministerial employee."

 

I listened to Cunningham talk to Ms Diaz' attorney and the key issue was the the above. Federal law is clear that if you are not considered to be "ministerial" then you cannot be forced from your job for being pregnant. It violates federal law. No contract can trump federal law.

 

Ms Diaz was the IT teacher so , by definition, she is not a ministerial employee so federal law stands.

I listened to Cunningham talk to Ms Diaz' attorney and the key issue was the the above. Federal law is clear that if you are not considered to be "ministerial" then you cannot be forced from your job for being pregnant. It violates federal law. No contract can trump federal law.

 

Ms Diaz was the IT teacher so , by definition, she is not a ministerial employee so federal law stands.

 

That makes a lot of sense. I imagine Church attorneys and HR people are currently hard at it reworking job responsibilities so that everyone in the classroom is a ministerial employee in the future. Shoot, they might even include maintenance and lunchroom staff.

I listened to Cunningham talk to Ms Diaz' attorney and the key issue was the the above. Federal law is clear that if you are not considered to be "ministerial" then you cannot be forced from your job for being pregnant. It violates federal law. No contract can trump federal law.

 

Ms Diaz was the IT teacher so , by definition, she is not a ministerial employee so federal law stands.

 

If I were the church I would argue any teacher educating in a Catholic church has ministerial duties to their students.

If I were the church I would argue any teacher educating in a Catholic church has ministerial duties to their students.

 

My guess(key) is it's not quite that simple.

My guess(key) is it's not quite that simple.

 

I believe you attended Catholic school as well. Don't you think most Catholic school administrators would define any teaching or coaching position in this manner . At a catholic school your duties go beyond just math if your math teacher. Part of your job is to be an example to the young catholics . Which in my mind would be upholding the doctrine .

 

I just don't see how this does not go against freedom of religion . Parents send their kids to Catholic school to be taught in Catholic doctrine if a teacher isn't abiding by the rules it goes against the very mission statement of a Catholic school.

 

I'm not saying I'm perfect but I also don't teach at a catholic school.

Lets play what if for a second:

 

What if, she was married, but she and her husband couldnt have a child naturally, but went the invetro route and got prego. Should she be fired.

 

No one has responded to my post.

 

 

I think this played a huge factor in the jurys mind.

I believe you attended Catholic school as well. Don't you think most Catholic school administrators would define any teaching or coaching position in this manner . At a catholic school your duties go beyond just math if your math teacher. Part of your job is to be an example to the young catholics . Which in my mind would be upholding the doctrine .

 

I just don't see how this does not go against freedom of religion . Parents send their kids to Catholic school to be taught in Catholic doctrine if a teacher isn't abiding by the rules it goes against the very mission statement of a Catholic school.

 

I'm not saying I'm perfect but I also don't teach at a catholic school.

 

I grew up Catholic but did not attend Catholic school. My guess was around what the law says is "ministerial." I don't think you can say a janitor or a gym teacher falls into that category.

No one has responded to my post.

 

 

I think this played a huge factor in the jurys mind.

 

Excellent question.

I grew up Catholic but did not attend Catholic school. My guess was around what the law says is "ministerial." I don't think you can say a janitor or a gym teacher falls into that category.

Also sounds like part of the problem is that these Catholic schools don't pay much, so they can't be selective as to whom they hire.