Fired NJ Catholic school teacher can sue over premarital sex, court rules

KENILWORTH – A state appeals court has reinstated a gender discrimination lawsuit brought by a former teacher at St. Theresa School who claims she was fired because she was pregnant and unmarried.

It's the second time an appellate panel has reversed summary judgments in favor of the school in Victoria Crisitello's lawsuit.

Crisitello, who was hired in September 2011 as a teacher at the school, was fired by the school's principal, Sister Theresa Lee, in January 2014 after Lee learned that Crisitello was pregnant and unmarried, according to court papers.

Lee told the teacher that she was not being fired because of her job performance, but because she violated the church's ethical standards by engaging in sex outside of marriage.

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In court papers, Lee explained that Crisitello "has not exhibited the highest Christian ethical standards and personal integrity."

The principal also said that "sex outside of marriage is not permitted in the Catholic Church."

Lee also said the school has "nothing against pregnant teachers" as long as they were married.

But the appellate court in the second ruling ruled that the church cannot enforce its policy against premarital sex "by only disciplining women whose premarital sexual relations are disclosed through their pregnancy" and said the policy should be applied equally to both women and men.

When she was hired as a teacher, Crisitello signed a document acknowledging an understanding of the school's policies and ethics code. However, those policies did not specify premarital sex as prohibited behavior, but did include "immoral conduct," participation in the procurement of abortion, possession of pornography, adultery, drug abuse, gambling, theft, fraud misuse of church funds, sexual abuse, assault and illegal conduct.

In October 2014, Crisitello filed suit against the school, claiming that the reason for her termination was "a mere pretext for discrimination on the basis of (her) pregnancy" and her marital status.

Crisitello did not raise an objection the school's code of conduct but argued she had been "singled out" for the application of the code.

A Superior Court judge in November 2016 granted the school's motion to dismiss the suit. The court found that while the state's Law Against Discrimination prohibits discrimination in the workplace, it also provides a "broad exemption for religious institutions."

But the appellate court in its first ruling ruled that a person fired from a religious institution is entitled to offer evidence whether "unequal treatment" had occurred.

After Crisitello's lawsuit was reinstated, another Superior Court judge ruled in favor of the church. And again, Crisitello appealed, resulting in the latest decision.

In the most recent decision, an appellate panel ruled that although Crisitello acknowledged that premarital sex was contrary to the church's tenets, neither the school's code of ethics nor its handbook "contained any express prohibition against premarital sex despite prohibiting numerous other behaviors."

The court also noted that "nothing stated that having premarital sex would result in automatic termination."

The court also wrote that the school "never made any effort to determine whether any of its other employees have violated the school's prohibition against 'immoral conduct,’” that could cause "scandal."

Email: mdeak@mycentraljersey.com

Mike Deak is a reporter for MyCentralJersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.