The Cauldron: A Pagan Forum

So she signed a contract "community covenant," but how legal weight can such a thing really carry?

Read the silliness HERE.

Gender discrimination?  Maybe?  Hmm...
Her lawyer askes:

"How would they know if a man was having pre-marital sex unless he was able to show that he was pregnant?"

Good question.

....

It has also been reported that [the lady's] boyfriend, who has now become her husband, was later offered a position at the college.

Uh oh.

It has been claimed that the human resource personnel knew about his relationship to James when he was offered the job.

I smell a huge Christing lawsuit.

The link only links to this post...

Dammit.  

Thought I'd fixed the link.

So she signed a contract "community covenant," but how legal weight can such a thing really carry?

If it is a document that specifies that she is not to have premarital sex, and she signed it knowingly. And if the document specified the consequences of breaking the covenant, then, yes I think it would be deemed legal.

However, if the document does not specify that she could be dismissed, then that would be for the judge to decide.

Though, reading it again, they specify homosexuality in their clause, now, not being from the states, this is all taking place in California, yes? and is California a fairly liberal state? if so, that might tip the case in James' favour as they maybe should have specified sex rather than sexuality...

Gender discrimination?  Maybe?  Hmm...
Her lawyer askes:
Good question.

....

Uh oh.


I smell a huge Christing lawsuit.

The way this paragraph is written:
"It has also been reported that James' boyfriend, who has now become her husband, was later offered a position at the college. It has been claimed that the human resource personnel knew about his relationship to James when he was offered the job."

Does suggest that they weren't married when he was offered the job, so they were aware that a sexual relationship was taking place, but they still ignored it and hired him. This does suggest gender discrimination.

Dan

You'd think Christians would be the FIRST ones to claim immaculate conception...

 
I was going to say "Claim Virgin Birth" but had to work and forgot.. D'oh! lol

.
 
She said that they told her she was fired for premarital sex, not for being pregnant.  So if she can, show she was artificially impregnated, they would have to give her, her job back.

Shouldn't the onus be on the employer to prove the "offence" ? If they're claiming she violated a rule, then THEY need to prove it.

I do see the potential gender issues here too... How would hold a man to the same standard?

Shouldn't the onus be on the employer to prove the "offence" ? If they're claiming she violated a rule, then THEY need to prove it.

I a perfect world yes.  

I do see the potential gender issues here too... How would hold a man to the same standard?

 
He was not bound to the covenant at the time.  If he agrees to be bound by the covenant then, from that point he has to stop any premarital sex.  If he fathers a child after that point while being unmarried, a DNA Paternity Test at the request of the school would be in order.

Now if he is married and fathers a child by someone other than his wife, would that be considered out of wedlock?

He was not bound to the covenant at the time.  

I'm not talking about *that specific man* .... I'm talking male employees of the school in general. If there is a contract to be signed, with rules against [whatever], would it not have to be applied and enforced equally to all genders? This contract, as described, doesn't sound like it can be... As Mad Zealot said, there's no "sex test" -- so the only way to know that the female had sex is by her pregnancy. There's no way to know if a male employee did... The contract and penalties can't be applied evenly....

Something else I would be interested in knowing.... What would have happened if she said "we consider ourselves married" --- does the contract define marriage? Does the definition of marriage include common law? Or a choice to perform a personal ceremony without legalities? (I know a few people who have done this as they believe the government should not be in their marriage) In some places you're considered common law after X much time living together --- if the state law says they are "married" can the employer create a contract definition of marriage that disagrees with the law?

What's legal in an employment contract anyway? Do they even have a right to demand an absence of sexual activity?