Fired over fertilization - suit over in vitro can go to trial

(Source: NSF/MGN Online
(Source: NSF/MGN Online

A lawsuit by a former 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 in Fort Wayne issued a mixed ruling that says Emily Herx deserves a chance to prove her termination by the Diocese of Fort Wayne-South Bend was based on sex discrimination.

But U.S. District Judge Robert L. Miller Jr. denied Herx's claim that she was fired for her infertility rather than for the treatment, which is forbidden by the Catholic church.

Wednesday's ruling says the policy against in vitro fertilization treats men and women the same, but Miller says a jury might not accept that argument.

Herx was fired in June 2011 and sued the diocese in spring 2012.

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