Q: Can a private (Catholic) University be sued for sexuality-based discrimination in employment termination?

A: Yes, a private Catholic university could potentially be sued for sexuality-based discrimination in employment termination, especially if it has committed in its Faculty Handbook not to make decisions based on sexual orientation. The clause in the handbook creates a contractual obligation that the university is expected to follow. Even if Tennessee does not provide state-level protections against termination based on sexual orientation, the university’s own policies could be seen as creating those protections for its employees.

The inclusion of sexual orientation as a protected category in the Faculty Handbook may prevent the university from claiming a religious exemption under Title VII or other relevant laws. This clause might override any defense based on religious beliefs if it can be shown that the university has voluntarily chosen to include these protections in its employment contracts. Courts often look at the language of the contract and whether the university has adhered to its own policies when deciding such cases.

However, this does not guarantee a successful lawsuit. The outcome would depend on many factors, including how the court interprets the contract, the specific circumstances of the termination, and whether the university could provide a legitimate, non-discriminatory reason for its actions that is unrelated to sexual orientation. It is advisable to consult with an attorney who can review the specific details and provide more tailored guidance.