Discrimination By A Catholic School

When can a religious school discriminate?

The answer is when it is truly private or when it is exempted by law.

If the school does not receive any public funding they can discriminate to their hearts desire. But once they start receiving public finance then they could come under the non-discrimination law unless the law says otherwise.

The CONNECTICUT SAFE SCHOOL COALITION: Guidelines for Connecticut Schools to Comply with GENDER IDENTITY AND EXPRESSION NON-DISCRIMINATION LAWS states that,

Question: Are there exceptions to the law?
Answer: Yes. The act contains a limited religious exception. The act’s prohibition of discrimination on the basis of gender identity or expression does not apply to religious corporations, entities, associations, educational institutions, or societies regarding (1) employment of people to perform work for them or (2) matters of discipline; faith; internal organization; or ecclesiastical rules, customs, or laws that these entities have established.

So that means in Connecticut religious school are exempted and their employees are not covered by the Connecticut non-discrimination statute.

Which brings me to the gay man who was fired from a Massachusetts Catholic school, can he be legally fired?

Fontbonne Academy in Milton Sued for Anti-Gay Hiring Practices
Boston Spirit
Posted by David Zimmerman 
January 30, 2014

Gay & Lesbian Advocates & Defenders (GLAD) today filed a complaint with the Massachusetts Commission Against Discrimination (MCAD) against Fontbonne Academy, a religiously affiliated college preparatory school in Milton, MA, after the school terminated a man they had just hired as Food Services Director upon learning he was gay and married to another man.

Matt Barrett, a longtime food industry professional, was offered the position on July 9, 2013, after three interviews. Mr. Barrett accepted the offer the same day and gave notice at his previous job. After accepting the position, Mr. Barrett filled out the school’s required employment paperwork, including a form that required him to list an emergency contact and state that person’ relationship to him. Mr. Barrett gave a truthful answer and listed his husband, Ed Suplee.

The next day, Mr. Barrett was contacted by email and asked to come in for another meeting on July 12, 2013. At that meeting, he learned that the school would no longer employ him because he was gay and married to a man.

According to Janson Wu of Gay and Lesbian Advocates and Defenders that the Massachusetts law does cover employees who have no religious duties such as teaching Sunday school.