CIVIL ACTION NO.

_______________ COMMONWEALTH OF KENTUCKY

JEFFERSON CIRCUIT COURT
DIVISION _____

SARAH SYRING PLAINTIFF

Jury Trial Demanded.

v. COMPLAINT

Electronically filed.

ARCHDIOCESE OF LOUISVILLE DEFENDANT

3940 POPLAR LEVEL ROAD
LOUISVILLE, KENTUCKY 40213

SERVE: JOSEPH E. KURTZ, D.D.

PASTORAL CENTER
3940 POPLAR LEVEL ROAD

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

LOUISVILLE, KENTUCKY 40213

**************

Comes now the Plaintiff, Sarah Syring (hereinafter “Ms. Syring” or “Plaintiff”),

by and through her counsel, and for her Complaint against Defendant, Archdiocese of

Louisville (“the Archdiocese”), states as follows:

THE PARTIES

1. Ms. Syring is, and at all times relevant hereto has been, a resident and citizen of

the Commonwealth of Kentucky. Ms. Syring began her employment with the

Archdiocese on November 20, 2019 and her employment with the Archdiocese

was terminated on January 8, 2021.

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2. The Archdiocese of Louisville is a Roman Catholic eclesiastical district operating

as a Kentucky corporation sole, with an address of 3940 Poplar Level Road,

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 Louisville, Kentucky, 40213. There are fifty-nine Catholic elementary and high

schools serving more than 23,400 students within the the Archdiocese of

Louisville. Defendant is not registered with the Kentucky Secretary of State

and, therefore, service will be effectuated upon the Archbishop of the Archdiocese

of Louisville, Joseph E. Kurtz, D.D.

JURISDICTION AND VENUE

3. Plaintiff ’s causes of action are brought pursuant to the Kentucky Civil Rights

Act, KRS Chapter 344.010, et seq.

4. Jurisdiction is proper in the Jefferson Circuit Court pursuant to KRS 344.450

and KRS 23A.010(1).

5. Venue in this action is proper in the Jefferson Circuit Court pursuant to KRS

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

452.450.

FACTUAL ALLEGATIONS

Ms. Syring is Hired as a Middle School Teacher

at Saint Andrew Academy

6. Sarah Syring has been a teacher since 2009. Since then, Ms. Syring has taught

Middle Grade Social Studies, Language Arts, Literature and High School

Marketing and Entrepreneurship.

7. On November 20, 2019, Ms. Syring was hired by the Archdiocese of Louisville as

Middle School English teacher at Saint Andrew Academy (“SAA”).

8. According to its Handbook, “St. Andrew Academy is part of the Archdiocesan

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Elementary Academy System of Schools in Louisville, Kentucky; and thereby,

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 follows the policies and procedures as set down in the Archdiocese of Louisville

Handbook for Catholic Academys [sic].”

Ms. Syring becomes Pregnant and Plans her

Maternity Leave with SAA

9. Ms. Syring has lived with her partner, Dusty, since July 2019. Ms. Syring and

Dusty are in a committed relationship, but they are not married.

10. On August 2, 2020 Ms. Syring discovered she was pregnant.

11. As soon as Ms. Syring was comfortable disclosing the details of her pregnancy

publicly, she requested a meeting with SAA Principal, Stuart Cripe.

12. Ms. Syring and Mr. Cripe met on October 19, 2020 and Ms. Syring informed him

that she was pregnant and the two began to formulate a plan for Ms. Syring’s

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

maternity leave.

13. During this initial meeting, Mr. Cripe was supportive, assured Ms. Syring her

job was secure, and told Ms. Syring he would make sure that the school’s human

resources department provided her with all the proper paperwork necessary to

request maternity leave.

14. On October 20, 2020, Ms. Syring met with Harriet Hicks, Bookkeeper at SAA,

who provided Ms. Syring with the paperwork needed to request maternity leave.

15. Ms. Syring and Ms. Hicks also discussed how Ms. Syring could use her accrued

sick and personal days, leave under the Family and Medical Leave Act

(“FMLA”), and short-term and long-term disability benefits to cover the duration
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of her leave. The two ultimately determined that Ms. Syring would take her

leave as follows:

● Paid maternity leave: April 5-16, 2020 (10 works days)

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 ● Paid sick days: April 19-May 11, 2020 (15 works days)

● FMLA and short & long-term disability: May 12, 2020 until
school resumed in August 2021

16. After the meeting with Ms. Hicks, Ms. Syring felt secure in her position at SAA

and was happy with the plan developed for her maternity leave.

Ms. Syring is Terminated from her Teaching Position

because She is Pregnant

17. On October 30, 2020, without notice, Ms. Syring was pulled from the middle of

one of her classes by SAA’s Vice Principal and instructed to go directly to Mr.

Cripe’s office.

18. When Ms. Syring arrived in Mr. Cripe’s office, she found Mr. Cripe and Father

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

Chris Lubecke waiting for her. Father Lubecke congratulated Ms. Syring on her

pregnancy and then asked her what her “plan” was.

19. In response, Ms. Syring gave Father Lubecke a detailed description of the plan

she had formulated with Mr. Cripe on October 19. Father Lubecke was visibly

flustered and claimed several times that he had never had to deal with a

situation like this and would have to take it up the “chain of command.”

20. Ms. Syring responded by informing Father Lubecke that Mr. Cripe had assured

her that her job was safe on October 19, but Mr. Cripe elected to remain silent

for most of this conversation with Father Lubecke.

21. Ms. Syring then asked for guidance from Father Lubecke on if and when she
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should inform students and parents about her pregnancy.

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22. In no uncertain terms, Father Lubecke instructed Ms. Syring to keep her

pregnancy quiet.

23. At this point in the meeting, Ms. Syring began to become concerned that her job

was in jeopardy and asked if there were any precedents for addressing situations

like hers. Ms. Syring also asked for details on the spectrum of policy violations

that could result in termination of one’s employment at SAA: unwed mother v.

adultery v. divorce v. children by more than one partner, etc. Mr. Cripe replied

that Ms. Syring’s questions were “excellent” and that he would “look into it.”

24. On November 17, 2020, having not heard from Mr. Cripe or Father Lubecke, Ms.

Syring sent the following email to the two men:

Sirs,

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

Curious if there is any new information regarding how/when/if I
should convey the news of my pregnancy to students and
parents.

Father, were you able to speak with anyone at the Diocese or

find any established precedents?

Thank you,

Ms. Syring

25. On November 19, 2020, Ms. Syring was called into another meeting with Mr.

Cripe and Father Lubecke. At the start of the meeting, Father Lubecke had Ms.

Syring read the Christian Witness paragraphs of the Employee Handbook. The

Christian Witness provisions of the Handbook state as follows:

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The Archdiocese of Louisville, in its role as employer, expects all

employees to be effective witnesses and persons who by word and
deed, support the teachings of the Catholic Church. All employees
are required to (a) possess a basic knowledge of the Catholic
Church (b) not take a public position contrary to the Catholic
Church and (c) demonstrate a public life consistent with the

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 teachings of the Catholic Church. The teachings and beliefs of the
Church are found in the Catechism of the Catholic Church.
Websites to the Catechism and other resources on Church
teachings are available for your study (see Appendix C).

We understand that employment by the Roman Catholic Church is

not for everyone, because there are people of good will who may not
be able to publicly support our teachings and views. Teaching or
living a lifestyle in contradiction of the Church, however, can
disqualify one as an employee, at least for a time, particularly
when this is done deliberately, publicly, without contrition, and/or
without an openness to repair any scandal resulting from said
actions. People of good will approach reconciliation with mutual
respect, personal integrity, and freedom of conscience. In some
cases the parties concerned can come to a reconciliation with
common understanding and mutual acceptance. In such a case,
reinstatement follows. In other cases, the parties may “agree to
disagree” and go their separate ways with love and good will. In
such a case, reinstatement does not follow.1

26. After Ms. Syring read the Christian Witness statement, Father Lubecke told Ms.

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

Syring that based on those provisions, she could no longer work at SAA in her

“condition.”

27. Father Lubecke then claimed that in reaching this decision he had spoken with

Harriet Hicks (SAA Bookkeeper), who then spoke with Andrea Copal (Head of

Human Resources for the Louisville archdiocese), who spoke with Dr. Brian

Reynolds (Chancellor of the Louisville Archdiocese), who made the decision that

Ms. Syring would resign from SAA or be terminated.

28. After communicating the decision to terminate Ms. Syring, Father Lubecke then

asked her if she planned to marry her partner before the birth of the child, to

which Ms. Syring replied that she did not have any such plans. Mr. Cripe
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1
Archdiocese of Louisville Personnel Policies and Procedures Manual Agencies,
Parishes, Schools, p. 2.

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 interjected, “We are not trying to rush your relationship, but if you were to get

married, this all goes away.”

29. Father Lubecke then informed Ms. Syring that her last day at SAA was going to

be January 8, 2021 because once in-person classes resume as planned on

January 11, 2021, the Archdiocese did not want Ms. Syring teaching her

students or the students seeing her while she was pregnant.

30. Father Lubecke then told Ms. Syring that if she resigned, the Archdiocese would

provide her with medical insurance through May 29, 2021, but that she would

receive no salary, maternity leave benefits, or any leave through the FMLA or

short-term or long-term disability insurance.

31. Father Lubecke and Mr. Cripe made it clear to Ms. Syring that it would be much

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

better for her if she simply resigned because a termination on her record would

adversely affect her future employment prospects both in and outside the

Archdiocese.

32. Prior to November 19, 2020, Ms. Syring had not informed a single SAA parent or

student of her pregnancy. Ms. Syring only informed a handful of co-workers at

SAA that she was pregnant in case she needed coverage on short notice due to

any issues arising from the pregnancy.

33. On December 15, 2020, Ms. Syring received a letter from Father Lubecke and

Mr. Cripe informing her that effective January 8, 2021, the Archdiocese was

terminating her employment for failure to follow the Chritian Witness policy.
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 The Louisville Archdiocese’s Inconsistent Enforcement of its Christian
Witness Policy

34. The Archdiocese justified its decision to end Ms. Syring’s employment due to her

pregnancy allegedly based upon its Christian Witness policy.

35. Despite its strict enforcement of the Christian Witness policy in Ms. Syring’s

case, Ms. Syring is aware of at least two occasions in which the Archdiocese has

willingly ignored its Christian Witness policy in order to accommodate male

employees.

36. First, when Ms. Syring accepted her Middle School teaching position at SAA in

November 2019, a male teacher had previously held her position. This male

teacher was openly gay, yet the Archdiocese did not object to him teaching at

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

SAA, nor did it end his employment because he was gay.

37. Second, on information and belief, a male principal within the Louisville

Archdiocese parochial school system engaged in an adulterous relationship by

having an affair with another woman while married.

38. On information and belief, this principal was ultimately divorced by his wife and

continued a relationship with his mistress. The principal’s adulterous

relationship violated the Sixth Commandment, which is considered divine law in

Catholicism.2 Nevertheless, this principal’s adulterous relationship was

accommodated and he has been able to maintain his position with the

Archdiocese of Louisville.
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2
Exodus 20:12; Catechism of the Catholic Church 2380: “Adultery refers to marital infidelity. When
two partners, of whom at least one is married to another party, have sexual relations - even transient
ones - they commit adultery…. The sixth commandment and the New Testament forbid adultery
absolutely.”

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 The Archdiocese Cannot Avail itself of the Ministerial Employee Exception
with respect to Ms. Syring

39. The judicially created ministerial employee exception does not apply to Ms.

Syring.

40. Ms. Syring is not a practicing Catholic.

41. Ms. Syring’s position as Middle School English Teacher did not require her to be

a Catholic.

42. Ms. Syring did not hold the position of minister, priest, or other religious leader

at SAA. Rather, her position, albeit highly important, was that of a traditional

Middle School English teacher.

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

43. Ms. Syring is not an ordained minister, priest, pastor, or any other type of faith

or religious leader.

44. Ms. Syring has no formal religious training.

45. Ms. Syring did not teach religious studies and did not lead her students in

religious training or devotionals.

46. Ms. Syring did not lead her students in prayer or other religious rites or

ceremonies.

47. Ms. Syring, as an English teacher, had no role in the religious instruction or

guidance of her pupils.

CAUSES OF ACTION
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I. GENDER DISCRIMINATION - DISPARATE TREATMENT

48. Plaintiff incorporates all preceding paragraphs as if fully set forth herein.

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49. Plaintiff was treated less favorably than similarly situated male employees by

Defendant due to her gender, ultimately resulting in the Plaintiff's termination.

50. Plaintiff was subjected to higher standards of workplace conduct than her male

counterparts. The higher workplace conduct standards to which Plaintiff was

held resulted in the termination of her employment by Defendant.

51. There is a causal connection between Defendant's materially adverse actions

toward Plaintiff, including her termination, and her gender, female.

52. Defendant’s proffered nondiscriminatory reasons for the Defendant's adverse

action toward Plaintiff, if any, are pretextual.

53. The conduct of Defendant, as described herein, violated the Kentucky Civil

Rights Act’s prohibition on gender discrimination.

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

54. As a direct and proximate cause of Defendant's actions described herein, Plaintiff

has suffered from a loss of income and benefits, emotional stress and mental

anxiety, for all of which she should be compensated.

II. GENDER DISCRIMINATION - DISPARATE IMPACT

55. Plaintiff incorporates all preceding paragraphs as if fully set forth herein.

56. Defendant’s policy of terminating employees who have engaged in premarital sex

has a disparate impact on female employees in practice and effect.

57. Defendant’s policy of terminating employees who engage in premarital sex, while

gender neutral on its face, disporportionately impacts Defendant’s female

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employees.

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58. Defendant’s anti-premarital sex policy is enforced solely through observing

pregnancy, and, thereby, only subjects female employees to termination.

59. The conduct of Defendant, as described herein, violated the Kentucky Civil

Rights Act’s prohibition on gender discrimination.

60. As a direct and proximate cause of Defendant's actions described herein, Plaintiff

has suffered from a loss of income and benefits, emotional stress and mental

anxiety, for all of which she should be compensated.

III. GENDER DISCRIMINATION - DISCRIMINATION BASED ON

PREGNANCY

61. Plaintiff incorporates all preceding paragraphs as if fully set forth herein.

62. The Kentucky Civil Rights Act prohibits an employer from discriminating

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

against an employee “with respect to compensation, terms, conditions, or

privileges of employment, because of the individual's sex.” Ky. Rev. Stat. Ann. §

344.040(1).

63. The term "on the basis of sex" includes pregnancy, childbirth, and related

medical conditions. Ky. Rev. Stat. Ann. § 344.030(8)(a).

64. At the time of her termination, Plaintiff was pregnant and Defendant was aware

of Plaintiff ’s pregnancy.

65. Plaintiff was well-qualified for her position as a Middle School Teach at SAA.

66. Despite her qualifications, Plaintiff was terminated from her teaching position

because of her pregnancy.

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67. There is a causal connection between Defendant's materially adverse actions

toward Plaintiff, including her termination, and her pregnancy.

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68. Defendant’s proffered nondiscriminatory reasons for the Defendant's adverse

action toward the Plaintiff, if any, are pretextual.

69. The conduct of Defendant violated the Kentucky Civil Rights Act’s prohibition on

gender discrimination.

70. As a direct and proximate cause of Defendant's actions described herein, Plaintiff

has suffered from a loss of income and benefits, emotional stress and mental

anxiety, for all of which she should be compensated.

PRAYER FOR RELIEF

71. Wherefore, Plaintiff prays that this Court:

a) Declare the Defendant’s conduct to be in violation of the Plaintiff ’s rights;

b) Award the Plaintiff damages, in an amount to be proven at trial,

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

including, but not limited to, any and all compensatory and consequential

damages suffered;

c) Award Plaintiff any and all equitable relief to which she is entitled,

including reinstatement.

d) Award the Plaintiff pre- and post-judgment statutory interest;

e) Award the Plaintiff an amount to be proven at trial for the humiliation,

embarrassment, personal indignity, apprehension about past, current and

future well-being, emotional distress, and mental anguish which have

been caused to her by the Defendants’ wrongful acts.

f) Award the Plaintiff interest, costs, and attorneys’ fees pursuant to KRS
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344.450; and,

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 g) Grant the Plaintiff such further relief as this Court may deem just and

proper.

JURY DEMAND

72. Plaintiff demands a jury to try all issues triable by jury.

Respectfully Submitted,

/s/ P. Stewart Abney

P. Stewart Abney
ABNEY LAW OFFICE, PLLC
624 W. Main St., Ste. 500
Louisville, Kentucky 40202
T: (502) 498-8585
E: stewart@abneylegal.com
Counsel for Plaintiff

Presiding Judge: HON. CHARLES L. CUNNINGHAM (630297)

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