New Jersey Supreme Court rules in favor of Catholic school that fired a teacher for having premarital sex

The New Jersey Supreme Court ruled in favor of a Catholic school that terminated a teacher for having premarital sex, according to court documents.

Victoria Crisitello began as a caregiver at St. Theresa School in Kenilworth in 2011, and in 2014, the school’s principal, Sister Theresa Lee, approached Crisitello about teaching art full-time, court documents say.

Crisitello, who was unmarried, told the principal she was pregnant during that meeting, according to the documents.

Crisitello alleged that a few weeks later, Lee said she violated the school’s Code of Ethics by engaging in premarital sex. Crisitello said her contract was terminated and she was replaced by a teacher who was married and had children, according to court documents.

Crisitello filed a lawsuit in April 2014 against St. Theresa School, alleging violations of Title VII of the Civil Rights Act, court documents say. She argued her firing was a “‘mere pretext’ for pregnancy and marital-status discrimination,” according to the lawsuit.

On Monday, the New Jersey Supreme Court ruled in favor of the school. The court held that religious entities could use religious tenet exceptions of state employment law as an “affirmative defense” in facing claims of employment discrimination, and it was an “uncontroverted fact” that the school followed the Catholic Church’s religious tenets in terminating Crisitello.

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