11th Circuit: Christian School's Reason For Firing Pregnant Teacher Is Jury Question

In Hamilton v. Southland Christian School, Inc., (11th Cir., May 16, 2012), the U.S. 11th Circuit Court of Appeals reversed the trial court's dismissal of a lawsuit by a former teacher at a Christian school in St. Cloud, Florida, who was fired after she became pregnant. The school claimed that she was fired because she engaged in pre-marital sex, marrying only after she was pregnant. Plaintiff claims that the real reason the school fired her was because of her pregnancy, and the difficulty in replacing a teacher who takes maternity leave mid-year. Explaining the importance of the distinction, the court said: "Title VII does not protect any right to engage in premarital sex, but as amended by the Pregnancy Discrimination Act of 1978, Title VII does protect the right to get pregnant." The court held that the real reason plaintiff was fired is an issue that needs to be decided by a jury. In the course of its opinion, the court pointed out that the school might have urged dismissal by invoking the ministerial exception doctrine. However, since it did not raise the issue or make any argument in its brief about it, the court refused to decide whether the exception applies here. Wall Street Journal reports on the decision.