Sarah Janssen, writing for the Fort Wayne News Sentinel, has an interesting article> about Emily Herx, a former teacher at St. Vincent de Paul Catholic school who suffered from infertility. She and her husband, wanting a child, underwent in vitro fertilization (IVF) procedures. The procedures were apparently covered by the Catholic school’s self-funded insurance plan. Management had some knowledge that she was doing this. But, about a year after the first round of IVF, when she was undergoing a second round, she was called into the office St. Vincent de Paul church leader Rev. John Kuzmich. Apparently someone had complained about her IVF treatments.
Kuzmich told her she was a grave, immoral sinner and that there would be a scandal in the school if anyone found out. When her contract was up, the diocese didn’t renew it. The non-renewal was because of her sinfulness and fear of scandal, not because of her teaching performance. (All of this, I believe, is from Ms. Herx’s complaint; the diocese might recall things differently). Her appeal to the Bishop did no good; he said, “IVF is an intrinsic evil, which means that no circumstances can justify itIVF is an intrinsic evil, which means that no circumstances can justify it.”
According to the complaint, male teachers are permitted to obtain vasectomies and use birth control with no adverse employment consequences. Apparently the ADA recognizes infertility as a disability, and Ms. Herx is alleging that she has suffered discriminatory and adverse employment actions because of this disability. She is further alleging that her employer is discriminating based on gender; given the disparate treatment of men versus women when it comes to sinful behavior with respect to the human reproductive system. (My phrasing, not hers.)
All I can say at this point, is good luck to the judge charged with untangling that one.
IVF has been established technology since the late 1970s yet to the celibate old men that rely on others to propogate their “base” it is an intrinsic evil.
It would seem that 23 million “Catholic” now describing themselves as ex-Catholics, it seems that they encourage any method, including Mexican
immigration, that would swell the masses.
I drive by the school twice a week. I should through a few petri dishes on their property for a “joke.”
Well that’s what Jesus would want us to do – judge others, and punish accordingly.
I feel like this is not the first instance of a Catholic schoolteacher being fired for undergoing IVF, but Google is not showing me others. I am surprised if the teacher’s plan covered IVF, as Hal’s insurance policy through his Catholic employer does not (although it does cover birth control). What is the object lesson here for women in the meantime? Is it to be vague in explaining the time taken off to pursue fertility treatments if you work for a Catholic institution?
The plaintiff, her husband, and her attorney appeared on the Today Show.
http://today.msnbc.msn.com/id/26184891/vp/47186599#47186599
The Catholic Church will use this as a cudgel to expand the religious exemption in the ADA and the case will be another splinter in the ACA/religious exemption issue.
The church-sanctioned beatings will continue until church members have a greater love of the church.
Sort of gives a whole new meaning to the term “Dish Network”, doesn’t it?
I predict that Catholic institutions are going to start paying closer attention to what their health insurance covers. That strikes me as the school’s biggest challenge on this case.
But I also predict that the school will win.