The highest court in New Jersey has upheld the decision of a Catholic school to terminate the employment of an unmarried pregnant teacher who had not adhered to the requirement of “abstaining from premarital sex” as outlined in her job contract.
Victoria Crisitello, an alumna of St. Theresa School in Kenilworth, began working as a toddler caregiver at the school in 2011. A year later, she took on the role of an art teacher. In 2014, the school offered Crisitello the opportunity to teach art full-time, to which she expressed interest but requested a raise due to the increased workload and her pregnancy as a single woman.
However, shortly after this discussion, Crisitello was informed that her actions were in violation of the school’s code of ethics, which prohibited premarital sex, leading to her dismissal. Her position was filled by a married woman with children.
Crisitello argued in the state court that her firing was a result of discrimination based on her marital status and pregnancy, while St. Theresa School maintained that their actions were consistent with the teachings of the Catholic Church.
The trial court initially dismissed Crisitello’s case on two occasions, but it was later reinstated twice by the appellate division. Support for Crisitello’s case came from the ACLU and the New Jersey Office of the Attorney General.
In its ruling, the high court sided with the school, emphasizing that Crisitello had twice signed agreements to uphold the school’s code of ethics, which demanded adherence to Catholic teachings and principles, including refraining from premarital sex.
The court stated, “Crisitello, a practicing Catholic and graduate of St. Theresa School, acknowledged that her employment was subject to the condition of abiding by the Catholic faith’s principles, including the expectation of abstaining from premarital sex.”
The high court also disagreed with the appellate court’s view that the school was obligated to investigate potential breaches of faith by other employees before terminating Crisitello.
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Crisitello’s attorney, Tom McKinney, expressed disappointment with the outcome, acknowledging the decision as the culmination of nearly a decade-long legal battle.
