Articles

Court OKs infertility suit Woman says she was fired after taking time off for IVF treatment

A woman who says she was fired from her suburban Chicago job after taking time off to undergo infertility treatment can proceed with a discrimination suit against her former employer, a federal appeals court ruled Wednesday.

The decision reversed an earlier U.S. District Court ruling here that dismissed the cased and ruled that discrimination wasn't an issue in such cases because infertility is a gender-neutral condition.

The federal appeals court in Chicago disagreed. Focusing on the fact that Cheryl Hall of Dyer, Ind., underwent in-vitro fertilization treatments, the appeals judges wrote: "Employees terminated for taking time off to undergo IVF - just like those terminated for taking time off to give birth or receive other pregnancy related care - will always be women."

'She was elated'

The case appeared to be the first of its kind in the federal appeals court.

In 2003, Hall was working for Nalco, a water-treatment and chemicals company based in Naperville, and took time off for IVF treatment, which was unsuccessful. She applied to take another leave of absence for another IVF procedure.

At the time, the company was reorganizing, and Hall ended up losing her job. She says she was told by a supervisor that the move "was in her best interest due to her health condition," according to her Chicago attorney, Eugene K. Hollander.

He said Hall is seeking reinstatement, back pay and compensation for mental anguish.

"I talked to her; she was elated, thrilled," Hollander said of Wednesday's ruling.

He said Hall has become become pregnant since her infertility treatment.

A representative for Nalco could not be reached for comment Wednesday.