Wednesday, August 20, 2008
Ind. Decisions - "Women Battling Infertility Find a Friend in the Court"
That is the headline to a column (Work and Family) in the Wall Street Journal. written by Sue Shellenbarger. Here is the link, but I can't tell if it is generally available. Here is a quote:
In the first decision of its kind at the federal appeals-court level, a three-judge panel in Chicago found women who need time off work for infertility treatment may invoke the Pregnancy Discrimination Act as potential protection against adverse action. The ruling came in a case involving Cheryl Hall, a secretary who was laid off after taking time off for in vitro fertilization, then asking for more. Without ruling on the merits of her case, the court last month set a precedent by giving Ms. Hall a green light to sue her former employer for pregnancy-related bias. * * *Here is the July 16th 7th Circuit opinion, in a case out of Illinois, Cheryl Hall v. Nalco Company.
The ruling suggests women will have to worry less about the "repercussions of taking time off for IVF," says Eugene Hollander, Ms. Hall's attorney. A spokesman for Ms. Hall's former employer, Nalco, declined to comment on the case, but it said the company is committed to treating all employees fairly. Nalco is seeking a re-hearing before a full 11-judge panel of the court. While the decision applies only in Indiana, Illinois and Wisconsin, it could influence other courts or, if a conflict arises, trigger a Supreme Court petition.
Posted by Marcia Oddi on August 20, 2008 05:48 PM
Posted to Ind. (7th Cir.) Decisions