PREGNANCY OUT-OF-WEDLOCK IS NOT IMMORALITY TO CAUSE EMPLOYEE DISMISSAL
The Supreme Court, in the case of Capin-Cadiz vs. Brent Hospital and Colleges, Inc. (G.R. 187417, February 24, 2016) was presented with an issue on whether pregnancy out-of wedlock is immorality which can be used as ground for dismissal of an employee.
The facts of the case reveal that Cadiz was the Human Resource Officer of Brent Hospital and Colleges, Inc. (Brent) at the time of her indefinite suspension from employment in 2006. The cause of suspension was Cadiz’s Unprofessionalism and Unethical Behavior Resulting in Unwed Pregnancy.
It appears that Cadiz became pregnant out of wedlock, and Brent imposed the suspension until such time that she marries her boyfriend in accordance with law. Cadiz then filed with the Labor Arbiter (LA) a complaint for Unfair Labor Practice, Constructive Dismissal, Non-Payment of Wages and Damages with prayer for Reinstatement.
The Court held that it is not immorality. The fact that a particular act does not conform to the traditional moral views of a certain sectarian institution is not sufficient reason to qualify such act as immoral unless it, likewise, does not conform to public and secular standards.
More importantly, there must be substantial evidence to establish that premarital sexual relations and pregnancy out of wedlock is considered disgraceful or immoral.
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