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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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  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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