Q. Our church day care center hired a woman who, we later found out, was living with a married man. Our director had “moral issues” with this situation and terminated her. I think the termination was illegal. Was it? —L.T., Florida
A. Employment discrimination laws prohibit all organizations (nonprofit and for-profit) from terminating employees on the basis of a protected class, such as age, race or gender. But an employee isn't granted any special protection simply because she lives with a married man. So it appears the firing would be legal, as your ex-employee wouldn't have a legal leg to stand on.
That said, while it may be legally OK to terminate employees with whom you have a moral concern, it's not necessarily a good idea. The thing to be careful about with nonperformance-relatedis that your “moral” reason could be seen as an excuse for religious, racial, sexual or age discrimination.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't fear informal ADA accommodation: You can still challenge disability later
- $46.7 million for manager who blew the whistle on age discrimination
- Posting openings, tracking all applications discourage frivolous discrimination lawsuits
- Quit over offensive graffiti? He can get unemployment