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Catholic school teacher claims termination due to fertility treatments

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A Fort Wayne teacher whose contract at St. Vincent de Paul School was not renewed last year claims it was because she is undergoing fertility treatment.

Emily Herx filed her lawsuit in federal court in Fort Wayne April 20 under Title VII of the Civil Rights Act of 1964 and Title I of the Americans with Disabilities Act. Herx taught literature and language arts at the Catholic school for nearly eight years before her employment was terminated. She alleges in her suit it’s because she underwent fertility treatments to try to have a baby.

In 2008, Herx informed the school principal that she’d be undergoing the treatment. She heard no negative feedback about her treatment. When she requested time off in 2011 to undergo a second in-vitro fertilization treatment, she was asked to meet with Monsignor John Kuzmich, the pastor of St. Vincent de Paul Catholic Church. According to the suit, Kuzmich said another teacher complained she was undergoing IVF treatment and if word got out about it, it could be a “scandal.”  Several days later, her contract was not renewed for “improprieties related to church teachings or law.”

She filed a charge of discrimination with the Equal Employment Opportunity Commission in October 2011, which found the school terminated her employment in violation of Title VII and ADA.

In her suit, Herx claims the defendants discriminated against her because she could not become pregnant naturally and male teachers use contraceptives or have had vasectomies and were not terminated. She also alleges the defendants violated the ADA because she has been diagnosed with infertility by a doctor and the school treated her differently because of her disability.

Herx is seeking compensatory damages, compensation for mental anguish and emotional distress, liquidated or punitive damages, and any other relief to which she is entitled.
The suit is Emily Herx v. Diocese of Fort Wayne-South Bend Inc. and St. Vincent de Paul School, No. 1:12-CV-122.

 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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