"Judge allows suit over in vitro firing" Associated Press September 06, 2014
INDIANAPOLIS — A lawsuit by a former Roman Catholic schoolteacher who says she was fired by a northern Indiana diocese for trying to get pregnant through in vitro fertilization can proceed to trial, a federal judge has ruled.
In a mixed ruling this week, US District Judge Robert L. Miller Jr. in Fort Wayne said Emily Herx deserves a chance to prove her claim that her termination by the Diocese of Fort Wayne-South Bend was based on sex discrimination.
Herx, of Hoagland, Ind., sued the diocese in April 2012, alleging that her firing violated the Civil Rights Act and the Americans with Disabilities Act by discriminating against her based on gender and on infertility. But Miller denied Herx’s claim that she was fired for her infertility, rather than the treatment itself, which is banned under Catholic doctrine.
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