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Sunday, June 15, 2014

Ind. Courts - Fired Catholic teacher's lawsuit moves to summary judgment stage

Rebecca S. Green reported yesterday in the Fort Wayne Journal Gazette in a long story that begins:

FORT WAYNE – Filed just over two years ago, the case of Emily Herx v. the Fort Wayne-South Bend Roman Catholic Diocese has moved into the summary judgment stage.

After a series of motions filed this week in federal court, U.S. District Court Judge Robert L. Miller Jr. must now decide whether to rule for the former diocesan English teacher or side with a local Catholic Church in a fight over in vitro fertilization treatments.

If he declines to rule in favor of the diocese, as its attorneys requested, the case will head to mediation or trial, according to court records.

Herx sued the diocese in spring 2012, claiming she had been the victim of discrimination when diocesan officials fired her from her teaching job at St. Vincent de Paul School when she underwent in vitro fertilization.

Herx suffers from infertility, a protected disability under the Americans with Disabilities Act. She argues her termination was a violation of both the Civil Rights Act of 1964 as well as the Americans with Disabilities Act.

In vitro fertilization is banned under Catholic doctrine, and when news of Herx’s treatment came to light, diocesan officials decided not to renew her contract. Herx, a Ball State graduate with a teaching license from Taylor University, had taught language arts at the school. She was also a member of a local Catholic parish, according to court documents.

Here is a list of earlier ILB entries on the lawsuit.

Posted by Marcia Oddi on June 15, 2014 11:11 AM
Posted to Indiana Courts