Thursday, October 10, 2013
Ind. Decisions - More on: ND Ind. issues opinion in Herx motion to compel discovery
FORT WAYNE – The Fort Wayne-South Bend Catholic Diocese will have to tell a former teacher how many teachers signed a morals clause while they were employed by diocesan schools from 2006 to 2011.
Emily Herx’s request for the information comes in the midst of her lawsuit against the diocese. She sued the diocese in the spring of 2012, claiming she had been the victim of discrimination when she was fired from her teaching job at St. Vincent de Paul School when she underwent in vitro fertilization. * * *
A letter written by Bishop Kevin Rhoades in 2011 called the procedure an “intrinsic evil, which means that no circumstances can justify it,” according to court documents.
The Equal Employment Opportunities Commission found in Herx’s favor in January 2012.
A few months after the suit was filed, attorneys for the diocese asked a U.S. District Court judge to dismiss Herx’s complaint. The diocese argued that it is a religious employer that acted in a manner consistent with its belief when it decided not to renew Herx’s contract.
This year, Herx filed requests for disclosure of information as the case progressed, specifically information about the diocese and who made the decisions to fire her.
She also wanted to know how various teachers were treated with respect to the morals clause, who had to sign it and whether men or woman were handled the same way. * * *
In an order issued this week, U.S. District Magistrate Judge Roger Cosbey said Herx was entitled to the information about all diocesan teachers during that period for the purpose of comparison.
He said the diocese failed to show any case a religious organization was exempt from providing information to the other side in a civil case because of religious concerns.
The diocese has to provide the information by early November, according to court records.
Posted by Marcia Oddi on October 10, 2013 10:03 AM
Posted to Ind Fed D.Ct. Decisions