ILNews

Catholic school teacher claims termination due to fertility treatments

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  2. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  3. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  4. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  5. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

ADVERTISEMENT