Garrett

This is an appeal from a judgment denying Marilyn Garrett’s (appellant) petition for a writ of mandate to compel Los Angeles City Unified School District (School District) to employ her as a teacher. Her employment was refused because she conscientiously objected to a chest X-ray required as a condition of employment.

Facts

Appellant first applied for employment with School District in 1973, and was informed that she would be required to have a chest X-ray. Appellant replied that she might be pregnant and was accordingly allowed to substitute an intradermal tuberculin test (skin test). She had not consulted a doctor or taken a pregnancy test at that time. Appellant was employed by School District as a substitute certificated employee.

In 1975, appellant was again asked by School District to submit to an X-ray and she made the same representation about pregnancy that she had made in 1973. She was again allowed to substitute a skin test. In May of 1976, appellant was offered a contract of probationary certificated employee by School District which offer was conditioned upon appellant submitting to an X-ray of the chest and meeting all of School District’s health…