7th Circuit Rejects School Counsellor's Religious Discrimination Claim

In Grossman v. South Shore Public School District, (7th Cir., Nov. 15, 2007), the U.S. 7th Circuit Court of Appeals affirmed the district court's rejection of a First Amendment and Title VII religious discrimination claim brought by a school guidance counsellor. The school denied plaintiff tenure because, without consulting her supervisors, she destroyed literature on condom use and replaced it with literature advocating abstinence. Plaintiff had also urged two students who came to her for advice to pray with her. The court concluded that plaintiff was not denied tenure because of her religious beliefs, but instead because of her actions. The court declared: "Teachers and other public school employees have no right to make the promotion of religion a part of their job description." The 7th Circuit's website also links to an audio recording of oral arguments in the case presented last September.