A middle school math teacher in New York was fired after a topless selfie of her was circulated at her school. While it may seem like an obvious situation where the teacher should be fired, there are some things about this case that make rushing to judgment unfair.
The school fired Miranda, saying that because the topless selfie surfaced and was seen by middle school students - they had no choice other than to fire her because she was no longer a role model.
The firing has been complicated because the teacher’s boyfriend to whom she sent the topless selfie was also a teacher at Bellport Middle School, and he was not fired. Miranda’s lawyer says the school is sexist and that his client should not be fired. Miranda has said that she will drop the $3 million federal lawsuit if she is reinstated in the job she loved.
One of the interesting arguments in America today is whether employees can and should be fired for any behavior outside of their jobs. Many argue that what an individual does in public or on social media that is not associated with their work is their business and should not be the concern of the employer. But there are many contracts, including teachers’ contracts, that include personal conduct clauses which cover an individual’s conduct outside of work.
While I generally agree that companies do have the right to expect and demand conduct congruent with the company’s image even when not officially working, I think the teacher in this case is right in demanding her job back.
First of all, it may not be wise to send a topless selfie to anyone, it seems like an innocent act to send such a photo to your boyfriend, girlfriend, partner, spouse, etc. Further complicating things for the school is the fact that the teacher’s boyfriend, who was also a teacher at the school, was not fired. Does that amount to gender discrimination?
Literally anything that is sent on social media can be discovered and shared. Obviously, the best advice is to never take or send a compromising photo.
I understand the school’s point that now that students at the middle school have seen their teacher topless that is changes the image of the teacher, I don’t think it was the teacher’s fault that some kid found the topless selfie and shared it with other students. Is the student not equally to blame for sharing a photo of a teacher’s bare breasts with other students?
And what about the boyfriend - the male teacher who received the topless selfie? Did he knowingly open the photo for viewing, or did he open it without knowing it was a topless selfie of his girlfriend? I think it can be argued that the male teacher did participate. Every communication has two parts - 1) the sending and 2) the receiving. But if the male teacher argues that he opened a message from his girlfriend without knowing the nature of the message then is he at fault?
Lauren Miranda said after being fired, “My career has been ruined, my reputation has been tarnished, I have been stigmatized!”
Perhaps the real lesson here is that no one’s career should be ruined because a very personal message was sent between the consenting adults of a couple.