AGO 1949-51 No. 169.

• Case Date: November 25, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 169. November 25, 1949[Orig. Op. Page 1]PRIVATESCHOOLS - DISMISSAL OF TEACHER BECAUSE OF PREGNANCY.It is extremely doubtful if a school district may dismiss a competent, capable, married woman teacher who has taught for some three years in such district where she asks for four months leave of absence for birth of her expected child.Honorable R. DeWitt Jones Prosecuting Attorney Clark County Court House Vancouver, WashingtonCite as: AGO 1949-51 No. 169Dear Sir: We have your letter of November 8, 1949, in which you ask the following question: May a school district dismiss a competent and capable married woman teacher who has taught for such district for some three years where she asks for a four months leave of absence for the birth of her expected child, expected on December 1, 1949. The conclusions reached may be summarized as follows: It is extremely doubtful if such teacher may be dismissed on such ground only. ANALYSIS Your letter reads in part as follows: "* * * One of their teachers who has been with them for three years was re hired for the current school year, signing her contract in June. She did not advise the Board of her being pregnant prior to the opening of the school term in September. She has been teaching, but now requests that she be permitted to take four months leave of absence. The expected delivery is approximately December 1. "She has been a competent, capable teacher. Her contract carries only the usual provision for five or ten days annual sick leave. The Board is not willing to grant a leave of absence for such a long period of time, largely for the inability to secure a satisfactory substitute teacher unless on a contract for the balance of the year. "Your opinion is requested as to whether or not the Board would have sufficient cause to dismiss this teacher either for her failure to advise them of her condition when signing a new contract, or for her failure to perform as a teacher during such a long anticipated absence." We must assume from the wording of your letter that the teacher in question did advise the school authorities of her pregnant condition at the opening of school or shortly thereafter, or in any event, that the condition of the teacher has been known to the school authorities for a considerable period of time, and yet...