Pregnancy and Employment

HR 2.4

In view of the requirements of the Pregnancy Discrimination Act and the Church's pro-life teaching, it is the policy of the Archdiocese of Baltimore that no adverse employment action will be taken against an employee on the basis of pregnancy if the employee is not considered a “minister” under the law.  In the case of unmarried employees who are deemed to be "ministers," adjustments in the terms of employment may be necessary.  Supervisors who learn that an employee is pregnant outside of marriage shall immediately consult with the Executive Director of Human Resources or the Chancellor to ensure due consideration of the moral issues involved, in accordance with the “Code of Conduct for Church Personnel for the Archdiocese of Baltimore”. 

Scope:

• This Policy applies to employees serving in parishes, schools, Central Services, institutions, programs, and ministries subject to the control, under civil law, of the Archdiocese of Baltimore (with the exception of Catholic Charities).  This Policy is not meant to cover the full range of behavioral and moral issues that arise with Church personnel, male and female, but is limited to pregnancy.

Background:

• The Pregnancy Discrimination Act of 1978 clarified that sex discrimination includes discrimination on the basis of pregnancy. Courts have recognized, however, that churches must be free to make employment decisions regarding their "ministers" without interference by civil authorities.  This exception to the Pregnancy Discrimination Act and other laws has been called the “ministerial exception.” Determining exactly who is a "minister" under this legal exception requires an analysis of the specific position and duties of the employee.  While the ministerial exception extends beyond ordained ministers, it does not encompass all Church personnel. The limited definition of "minister" for purposes of the legal exception in no way diminishes the important contributions that all Church personnel make to the ministry and mission of the Church.

• No adverse employment action will be taken against employees who become pregnant outside of marriage if the employee is not considered a "minister" under the law.  In the case of "ministers," however, it may be necessary to adjust the terms and conditions of employment so as to minimize confusion regarding Church teachings.

Commentary/Procedural Points:

• In accordance with the Code of Conduct for Church Personnel, supervisors who learn that an employee is pregnant outside of marriage shall immediately contact the Executive Director of Human Resources or the Chancellor.

• In order to ensure due consideration of the moral issues involved, and to promote fair and consistent treatment of Church personnel throughout the Archdiocese, the Executive Director of Human Resources or the Chancellor shall facilitate consultation among the parish/school leadership and appropriate individuals in Central Services regarding the situation.

• Decisions regarding whether a particular employee is a “minister” under the law, and decisions regarding the treatment of "ministers" who are pregnant outside of marriage, must be made in consultation with the Chancellor and Archdiocesan legal counsel.

• In the cases of "ministers," efforts will be made to reach an agreement with the employee as to any modifications of the terms of employment. If an agreement cannot be reached, the employee may be subject to termination.

• In all cases, decisions will take into account applicable Church teachings and the interests of the pregnant employee, her unborn child, and the local community.

References:

• VIRTUS Protecting God’s Children Online Maltreatment Awareness Session 3.2_Baltimore

                                                                                             April 21, 2016