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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.