Yesterday, the New Jersey Supreme Court issued a decision in favor of a Catholic school in a case that has ramifications for New Jersey yeshivos and religious institutions.
The case, Crisitello v. St. Theresa School, was brought by Victoria Crisitello, a former teacher at St. Theresa school, who sued the school for terminating her employment because she had violated a Catholic religious principle. Ms. Crisitello claimed that the school’s action violated New Jersey’s Law Against Discrimination, claiming, among other arguments, that the school failed to investigate other employees’ religious behavior, thereby rendering their act discriminatory against her.
Agudath Israel filed an amicus curiae “friend of the court” brief in support of the school. The brief argued that religious schools should have the ability to control their own internal operations in religious matters without outside involvement from secular courts. Agudath Israel thanks the Becket Fund for Religious Liberty and Eric Rassbach and Daniel Benson for their work on this brief.
Yesterday, the New Jersey Supreme Court unanimously ruled in favor of St. Theresa’s in agreement with Agudah’s brief. According to Justice Lee Solomon, who authored the opinion of the court, since St. Theresa required its employees “to abide by Catholic law” to remain employed and Ms. Crisitello signed a contract saying she would follow the Catholic tenets for the duration of her employment, Crisitello’s termination was indeed lawful. Thus, when Ms. Crisitello openly disclosed to her employer that she had committed a breach of religion – and hence a breach of contract – St. Theresa had the right to terminate her.
“This case has important ramifications for Jewish schools and all religious institutions in New Jersey,” said Mr. Daniel Kaminetsky, general counsel for Agudath Israel of America. “Teachers serve as role models for children, and it is entirely appropriate for religious schools to insist that they conduct themselves in ways that comport with religious standards. It would be highly improper for government to interfere with a religious schools decision to terminate a non-compliant teacher’s employment.”
“A significant precedent has been set by the state of New Jersey,” said Rabbi Avi Schnall, director of Agudath Israel of America’s New Jersey office. “With the help of yesterday’s Supreme Court ruling, children in religious schools across New Jersey are protected from adverse influences. We hope to see similar protections become commonplace across the country.”
Source: The Yeshiva World
