Termination for signing pro-abortion-rights ad challenged as gender and pregnancy discrimination

Law.com has this story by Jennifer Batchelor from Delaware Law Weekly:

“School, Diocese Sued for Firing Teacher for Pro-Choice Views.”

“A lawsuit initiated by a teacher who was fired after signing a pro-choice advertisement has pitted the right of a private school to determine who it wants on staff against the plaintiff’s right to speak out in favor of abortion rights.”

What right to speak out in favor of abortion rights (vis-a-vis a private employer)?

The plaintiff alleged her former employer, a catholic school, and the local Catholic Diocese violated Title VII of the Civil Rights Act and the Pregnancy Discrimination Act by terminating her employment.

“The legal dispute stems from a full-page ad [on] the 30th anniversary of . . . Roe v. Wade. The ad, which was signed by more than 600 people, including the plaintiff . . . , asserted that a woman’s right to make her own reproductive choices was ‘under attack,’ the complaint said.”

“In the complaint, the plaintiff asserted that by signing the ad, she was communicating to [the school] several messages, including that ‘it did not have the right to discriminate against women’ and that ‘it should end policies which interfere with access to or advocacy of abortion.’ ”

Oh really? This is creative, but I fail to see the Title VII or PDA violation. As a retaliation claim, it lacks protected conduct. Taking a public stand in support of Roe v. Wade seems a far cry from protected opposition or support, I think. The article says “Plaintiff opposed the illegal practices of her employer . . . regarding employee abortions,” but it sounds like she was just expressing an opinion on a general matter of public policy, not focusing on employment practices. But maybe I’m wrong. It would be interesting to see how it turns out.

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