23 May WAS THE COURT’S VERDICT CONSISTENT WITH ITS EARLIER HANDLING OF THE CASE OF THE HOMOSEXUAL TEACHER?
In a vigorous dissent, Justice Tobringer rejected the opinion of the majority, arguing that no evidence had established that Pettit was not fit to teach. The three experts didn’t consider her record; they couldn’t point to any past misconduct with students, nor did they suggest any reason to anticipate future problems. They simply assumed that the fact of her sexual acts at the “swingers” party itself demonstrated that she would be unable to set a proper example or to teach her pupils moral principles.
Such an attitude is unrealistic, Tobringer argued, when studies show that 75 to 80 percent of the women of Pettit’s educational level and age range engage in oral copulation. The majority opinion “is blind to the reality of sexual behavior” and unrealistically assumes that “teachers in their private lives should exemplify Victorian principles of sexual morality.” Pettit’s actions were private and could not have affected her teaching ability. Had there not been clandestine surveillance of the party, the whole issue would never have arisen.
DISCUSSION QUESTIONS
1. In concerning itself with Pettit’s off-the-job conduct, did the Board of Education violate her right to privacy? Or was its concern with her lifestyle legitimate and employment related?
2. Was Pettit’s behavior “unprofessional”? Was it “immoral”? Did it show a “lack of fitness” to teach? Explain how you understand the terms in quotation marks.
3. Was the Board of Education justified in firing Pettit? Explain.
4. Was the court’s verdict consistent with its earlier handling of the case of the homosexual teacher?
5. If teachers perform competently in the classroom, should they also be required to be moral exemplars in their private lives? Are employees in other occupations expected to provide a moral example—either on or off the job?
6. Which of the following, in your view, would show unprofessional conduct, immorality, or lack of fitness to teach: drunken driving, smoking marijuana, advocating the use of marijuana, forging a check, resisting arrest for disorderly conduct and assaulting a police officer, being discovered in a compromising position with a student, propositioning a student, cheating on income tax, calling attention to one’s openly homosexual lifestyle?
7. Under what conditions do employers have a legitimate interest in their employees’ off-the-job conduct?
Points: 275
Assignment 2: Workplace Ethics
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