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teacher being fired for moral terpitude for being pregnant

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  • 10-15-2005, 06:53 PM
    canadianincali
    teacher being fired for moral terpitude for being pregnant
    i was wondering, is it possible for a single female teacher (in a public high school in CA) to be fired for being pregnant? I was told that a being teacher in this situation, I could be fired or lose a credential under the reason of "moral terpitude". I find it hard to believe, but I am a bit worried. any help or advice would be appreciated. i do not want to call my district office for fear of raising a "red flag". thank you.
  • 10-15-2005, 07:37 PM
    aaron
    Preganancy and Moral Turpitude
    Probably not. I do not know of any specific California law on the subject, but other states have found that pregnancy is not related to the performance of teaching duties, and thus does not provide a basis upon which to fire a teacher for "moral turpitude". Past practices with pregnant single teachers may be relevant. See, e.g., New Mexico State Bd. of Educ. v. Stoudt, 91 N.M. 183, 186-87, 571 P.2d 1186, 1189-90 (1977) (concluding that the State Board of Education's decision to terminate the employment of a pregnant, unmarried teacher for immoral conduct "was arbitrary, unreasonable and not supported by substantial evidence" based in part on the fact that the local school board had retained five unwed mothers and had taken no action against them).

    If you are in a unionized position, I suggest you inquire about your rights with your union.
  • 10-15-2005, 08:44 PM
    canadianincali
    thank you so much for the quick reply. how would i determine if there had been any California cases similar to the New Mexico one? i have been reluctant to contact the union rep at my school, because i have been afraid of the word "getting out" that i am pregnant - not that i thought i could hide it forever.
  • 10-15-2005, 11:07 PM
    aaron
    California Cases
    Possiblilities include the following: You can use an online legal research service, such as Lexis, WestLaw, or a short-term subscription to LexisOne, and try to find the case law yourself. You can try to research the case law from books in a county or law school law library. You can consult a lawyer. You can hire a law student to research the issue for you. If you're lucky, maybe somebody passing through the forum will know of California precedent.
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