Fired for My Family
Posted September 18th, 2012 by ACLUBy Emily Herx, a teacher at a Catholic school in Indiana was fired after the school discovered that she used IVF to try to become pregnant. The teacher filed EEOC charges and later a lawsuit in federal court alleging discrimination on the basis of sex and disability. The ACLU has filed a friend-of-the-court brief in the case.
I did not imagine when I began teaching at St. Vincent de Paul School that I would find myself in this position today. I loved teaching, and was devoted to my profession and to my students. When I was fired, I was shocked and saddened.
Having already had one beautiful child, my husband and I decided to expand our family. As many couples have, we experienced difficulty in conceiving. After we consulted with our doctor, we were both deeply saddened to find out that I was suffering from a medical condition that caused infertility. Couples suffering from infertility are subject to numerous emotional strains. I sought comfort from my friends and family. And I reached out to my school principal, who told me she would keep me in her prayers.
Our doctor recommended we pursue in vitro fertilization (“IVF”), and so, in 2010, we did. I was hopeful the procedure would help us add to our family. IVF is a difficult road, and our first try was ultimately unsuccessful. I approached my principal again for time off to complete a second round of treatment, and only then was I told I would need to meet with the school’s Monsignor about my procedure.
The sadness and stress that comes from difficulty in conceiving is bad enough, but it was only compounded after meeting with the Monsignor. That meeting was the first indication I received that my use of IVF might be contrary to church teachings. Shocked as I was to learn this after receiving support during my first course of treatment, I was even more horrified to be called a grave, immoral sinner by the Monsignor. I was told I would not have my teaching contract renewed because I pursued IVF. I was devastated.
The emotional strain of infertility treatments, the loss of a job I loved so dearly, and my involvement in this case have all taken a toll on my family, my friends, and me. While I am grateful for the outpouring of support I have received from individuals across this nation, this has been a challenging and traumatic road. However, it is important to me to right the wrong that has been done when the Diocese and school discriminated against me.
My husband and I teach our son that doing what is right is important, even when it is hard. I am heartened that one day my son will be able to look at his mom with pride for standing up for what is right and just, even when it was a struggle to do so.



2 Comments
September 18, 2012 at 5:25 pm by ChrisI am sorry to hear about your situation but I believe your contract with the diocese is clear on this issue and the importance of modeling Roman Catholic doctrine. Whether you had agreed or disagreed at the time you began your employment with the diocese, they were as serious in having a faculty that models and enforces doctrine as strongly as they are serious about teaching their students to read, write, and add. The parents of these students also pay and sacrifice significantly to pay your salary in order to provide this educational experience to their kids. You should have stepped down from your position instead of seeking an attorney and appearing self absorbed.
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HoyaMama Reply:
September 19th, 2012 at 6:00 pm
@Chris,
Yeah, your sorrow and sympathy for Ms. Herx’s situation is palpable.
Oh, wait, no it’s not, because you have none. What you have is a “you made your bed, now lie in it” attitude, which is the opposite of being sincerely sorry for something someone is going through.
If Ms. Herx’s contract actually is “clear” on this issue, and if there hasn’t been any discrimination, the courts will not hear the case, so we’ll see if you’re right about that.
The only mistake Ms. Herx made was telling the truth about her medical procedure to anyone at her work. If her IVF treatments had been successful, everyone would have assumed that she and her husband had conceived a child in the usual way and no one would have felt the need to call her a grave, immoral sinner.
Someone around here sounds pretty self-absorbed to me, but it’s not Emily Herx.
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