Does an employer who fires an unmarried pregnant teacher violate the Law Against Discrimination? Not if the employer is a Catholic school. So said the New Jersey Supreme Court in Crisitello v. St. Theresa School, A-63-20 085213 (2023).

In 2011, plaintiff Victoria Crisitello was hired by St. Theresa's Roman Catholic elementary school to work as a teacher's aide in the toddler room. A year or two later she worked one day per week in the toddler room and two days as an art teacher. Crisitello never taught courses dealing with religion. In 2014, the school principal, Sister Lee asked Crisitello to consider becoming a full-time art teacher. Plaintiff responded that, because she was pregnant and working full time would be more taxing, she would need an increase in her salary. A few weeks later Sister Lee fired plaintiff and replaced plaintiff with a married woman with children.

St. Theresa's contended that Victoria was not fired because she was pregnant; she was "terminated for violation of the Code of Professional and Ministerial Conduct and not following the tenets of the Roman Catholic faith by engaging in sex outside of marriage." Prior to being hired, plaintiff had signed an acknowledgement that she received a copy of the Policies on Professional and Ministerial Conduct and agreed to abide by these policies as well as the Archdiocesan Code of Ethics, which required employees "to conduct themselves in a manner that is consistent with the discipline, norms, and teachings of the Catholic Church." Defendant's faculty handbook also required teachers to serve "as positive role models for their students."