Indiana woman fired for getting in vitro fertilization is now suing her employer

Teacher sues Catholic school over in vitro

FORT WAYNE, Ind. - Some women conceive naturally -- while others need the help of fertility treatments. But for one Indiana woman a shadow was cast on her dream of becoming a mother.  The Catholic school she worked for fired her after finding out she was undergoing in vitro fertilization. Now she's suing.

Emily Herx, a teacher at St. Vincent  de Paul Catholic in Fort Wayne, was fired last June after the Diocese discovered she was undergoing fertility treatments. She says her attempts to start a family started in 2008 - and her boss knew.

Still she claims a pastor at the school called her a "grave, immoral sinner."

During a CNN interview, Herx explained how the decision changed her life: "It's just been a very hard thing to come to grips to because i did love my job so much and did love teaching so much, you know to have that stripped away from me, but the outpouring of support has been wonderful."

Herx, who already has a 7 year-old, says she now needs IVF because she suffers from a diagnosed medical condition which causes infertility.

She's already won a complaint with the EEOC. Now she's filed a federal suit. But, in a statement,  the diocese says Herx knew their rules. "The diocese has clear policies requiring that teachers in its school must,
As a condition of employment, have a knowledge and respect for the catholic faith."

The law is on their side thanks to a Supreme Court ruling in January. Attorney John Singer said, " If you're a religious school you can now terminate any employee you want for any reason you want even if it's for a discriminatory purpose."

Emily's attorney says she's confident they have a strong enough case to win. As for Emily's treatments, she says they haven't worked.

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