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Teacher Sues for Sex Based Discrimination

By Tanya Roth, Esq. | Last updated on

The case of Jarretta Hamilton against her former employers, like many others, is sex based. In other words, she has filed a lawsuit claiming discrimination due to her gender. But it is also sex based. That is correct; Ms. Hamilton claims she was fired for having sex three weeks before her wedding, and having the details of her after school activities broadcast to the staff and to parents of students at her former school, Southland Christian School in St. Could, Florida.

According to the report by the Today Show on, during an April 2009 meeting with the school principal, Jon Ennis, Hamilton requested maternity leave. She claims she was then asked point blank by Ennis when she conceived her daughter (now eight months) and she answered truthfully, three weeks before her February 2009 wedding to husband Samuel Treftz. According to Hamilton, not only was she dismissed from her teaching position at Southland Christian, but Ennis told the other teachers and the parents of her students that Hamilton had been fired for fornication.

The school maintains Hamilton had signed an agreement upon accepting employment that "clearly states that as a leader before our students we require all teachers to maintain and communicate the values and purpose of our school," according to a statement by school administrator, Julie Ennis.

According to the Orlando Sentinel, Hamilton's suit, filed in U.S. District Court, is seeking compensation for the loss of her job and compensatory damages for emotional distress. "The courts have consistently ruled that a private school is just like any other employer. As long as there's more than 50 employees, they are governed by the law regarding discrimination," Hamilton's attorney, Edward Gay, told the Today Show. "The teachers are serving a secular purpose, and therefore they are governed by federal laws of discrimination."

The school is asking Hamilton to give up the suit and "consider the testimony of the Lord." At this time, Hamilton seems more concerned with the testimony before the court and is proceeding with her case.

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