N.J. top court says Catholic school can fire a teacher for being unmarried, pregnant

A parochial school didn’t violate New Jersey’s discrimination laws when it fired a teacher for not abiding by the teachings of the Catholic Church after learning that she had premarital sex.

Victoria Crisitello, an art teacher, has been fighting St. Theresa’s School in Kenilworth for almost a decade after she told her boss she was pregnant and single.

Justice Lee Solomon, who wrote the court’s opinion, the matter was decided based on the state’s religious tenets exception.

“St. Theresa’s required adherence to Catholic law, and Crisitello knowingly violated Catholic law,” Solomon said in his decision.

Crisitello had challenged her termination, lost at the trial court level, and then won on appeal.  The Supreme Court overturned an appellate court decision.

“We are pleased that the Supreme Court upheld the rights of religious employers to act consistent with their religious tenets, and that the Court found that St. Theresa School did so here,” said Peter Verniero, a former Supreme Court Justice who represented the school.   “Equally important, the Court found no evidence of discrimination in this case.  This is a significant validation of St. Theresa School’s rights as a religious employer.”

Because two associate justices, Rachel Wainer Apter and Douglas Fasciale, and Judge Jack Sabatini, who had been temporarily assigned to the top court, did not participate, Appellate Court Judge Michael Haas cast the fourth vote.

The Attorney General’s office had supported Critsitello’s position.