Catholic School Teacher Who Signed Pro-Choice Ad Loses 3rd Circuit Appeal

Yesterday, in Curay-Cramer v. Ursuline Academy of Wilmington Delaware, Inc., (3rd Cir., June 7, 2006), the U.S. Third Circuit Court of Appeals rejected employment discrimination claims by a female teacher who was fired from her position as a 7th/8th grade teacher at a Catholic school after she signed a pro-choice advertisement in a local newspaper. The court found that Curay-Cramer failed to state a claim under anti-retaliation provisions of Title VII because the ad she endorsed did not mention any practices by her employer that she was opposing. The court then went on to reject Curay-Cramer's claim that she was treated differently than male employees who spoke out on other issues in opposition to doctrines of the Catholic Church. The court said that it would pose substantial constitutional questions if it were to apply Title VII here because it would be required to decide if other issues were as important to the Church as its anti-abortion stance. In dismissing the claim, the court relied upon the U.S. Supreme Court's decision in NLRB v. Catholic Bishop of Chicago. Today's Delaware News Journal covers the decision. [Thanks to Anthony J. Picarello, Jr. via Religionlaw for the lead.]