Flint Dollar taught music at Mount de Sales Academy in Macon, Georgia for four years. According to Dollar, who is gay, he was clear with school administration about his sexual orientation when he was hired by the school. As described in this npr article, it was after Dollar announced on his Facebook page his plans to marry his longtime partner that his contract with the Catholic school was not renewed.
“I was told that…. the bishop of the Diocese of Savannah called and expressed his concern that if I was to return it would be against the teachings of the Catholic Church,” stated Dollar in the article.
Although federal discrimination laws do not explicitly prohibit employers from discriminating against employees on the basis of sexual orientation, Title VII of the Civil Rights Act prohibits discrimination due to an individual’s sex. Courts are beginning to clarify that these prohibitions against sex discrimination do include discrimination on the basis of sexual orientation.
In an effort to address the issue of discrimination based on an individual’s sexual orientation, attorneys for Federal employee Peter TerVeer have successfully argued thus far that the Plaintiff was penalized for his romantic interest in men, whereas similarly situated female employees were not penalized for the same reason.
In recent weeks, President Barack Obama has made great strides for federal employees in the LGBT community, providing them a protection that has never been guaranteed. While President Obama has specifically provided this protection to federal employees and contractors, such legislation could be used to deter future discrimination against the LGBT community across the nation.
In the recent Supreme Court opinion Burwell, Secretary of Health and Human Services, et al. v. Hobby Lobby Stores, Inc. et al., it was determined that as a religious founded company, Hobby Lobby is exempt from the requirement to extend birth control coverage to its employees. Attorneys for Hobby Lobby argued that birth control methods such as the ‘morning after’ pill constitute as abortion and the requirement to provide such is unconstitutional under the Religious Freedom Restoration Act.
As a Catholic school, attorneys for Mount de Sales Academy can ultimately argue that under Burwell, Secretary of Health and Human Services, et al. v. Hobby Lobby Stores, Inc. et al., the decision to terminate an employee’s employment based on something that goes against an entities religious beliefs or affiliation, such as sexual orientation, is constitutional.
If you or someone you know thinks they have experienced employment discrimination due to sexual orientation or identity, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.