"The school is still covered by federal law, in part because they have more than 15 employees," he said. "The courts have constantly rejected arguments when such schools say its 'free exercise' and cite the First Amendment. It's different for church employment, but this teacher was performing essentially secular duties."
The lawsuit requests damages equal to lost wages for the remaining months of the 2009 school year, the 2010 academic year she expected to work and, because the disclosure of personal information caused her suffer, "emotional and mental distress, anguish, humiliation, embarrassment and anxiety."
Hamilton declined to speak directly to ABCNews.com.
No court date has been set, but the administration said it's not courtroom "testimony" they are concerned about.
"We request," the school closed its letter, "that Jarretta withdraw her complaint and consider the testimony of the Lord."