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Suit against Catholic diocese alleging firing after fertility treatment proceeds

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A former teacher who claims her contract at St. Vincent de Paul School in Fort Wayne was not renewed because she underwent in vitro fertilization treatments may proceed with a suit against the Catholic diocese.

Federal Judge Robert L. Miller Jr. on Monday dismissed the diocese’s motion for judgment on the pleadings and lifted a stay on discovery in Emily Herx v. Diocese of Fort Wayne-South Bend Inc. and St. Vincent de Paul School, 1:12-CV-122, in the District Court for the Northern District of Indiana in Fort Wayne.

Emily Herx sued in April under Title VII of the Civil Rights Act of 1964 and Title I of the Americans with Disabilities Act. She claims she was let go after teaching literature for nearly eight years because she underwent in vitro fertilization treatments to try to have a baby.  

The suit alleges that when Herx requested time off in 2011 for a second fertilization treatment, she was asked to meet with Monsignor John Kuzmich, the pastor of St. Vincent de Paul Catholic Church. The suit claims Kuzmich said another teacher had complained and that afterward Herx’s contract was not renewed because of “improprieties related to church teachings or law.”

The Equal Employment Opportunity Commission determined the school terminated Herx’s employment in violation of Title VII after she filed a discrimination complaint.

Miller also on Monday set a telephone status and scheduling hearing for 10 a.m. March 21 before Magistrate Judge Roger Cosbey.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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