- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Jury awards fired Catholic school teacher $1.9 million
Posted on 12/23/14 at 10:26 am
Posted on 12/23/14 at 10:26 am
Hmmm...not sure how I feel about this
LINK /
quote:
A Ft. Wayne jury has awarded a former Catholic school teacher $1.9 million after she was fired for undergoing in vitro fertilization, reports the Journal Gazette.
Emily Herx, a language arts teacher at St. Vincent de Paul Catholic School, was notified by the Ft. Wayne Diocese that her contract for the 2011-12 school year would not be renewed because of her use of in vitro, which the diocese described as a “sin.”
In vitro fertilization — or IVF — is a procedure that involves combining egg and sperm in a laboratory dish before transferring the resulting embryo into the womb.
According to Herx and her attorney, the loss of her job violated Title VII of the Civil Rights Act, which prohibits discrimination based on sex and pregnancy-related medical conditions.
The diocese stated Herx violated the terms of her contract containing a morals clause promising to uphold Catholic teachings. During the trial, attorneys for the diocese argued that, according to Church teachings, in vitro is gravely evil, an intrinsic evil, and under no circumstance can it be justified.
Herx had previously informed the principal at St. Vincent de Paul that she had undergone the procedure in the past. But when she notified school administrators of her third in vitro fertilization cycle in February 2011, it came to the attention of parish priest Rev. John Kuzmich who demanded she be terminated, calling her a “grave immoral sinner.”
During the trial, priests and the local bishop testified that they wanted Herx to show remorse or regret for making the decision she made, but she refused to do so.
The jury decided in Herx’s favor, deliberating only 5 1/2 hours before awarding her $1.75 million for emotional and physical damages, $125,000 for medical expenses, $75,000 for lost wages, and $1.00 in punitive damages. Herx’s previous salary at the school was approximately $28,000 per year.
A tearful Herx addressed the media on the courthouse steps saying, “I was so happy. It was unreal.”
LINK /
This post was edited on 12/23/14 at 10:28 am
21
Posted on 12/23/14 at 10:33 am to Toddy
Catholic school was wrong but $1.9 mil is way too much.
Posted on 12/23/14 at 10:35 am to Toddy
enjoy the win, say goodbye to it on appeal.
Posted on 12/23/14 at 10:37 am to Toddy
I disagree with the verdict.
Posted on 12/23/14 at 10:38 am to Toddy
She knew what the school's position on this was. I don't like that they fired her for it, but it's not like she was blindsided by new information when she chose IVF.
School was being ridiculous, but they should be allowed to be ridiculous.
School was being ridiculous, but they should be allowed to be ridiculous.
Posted on 12/23/14 at 10:39 am to Toddy
I think the question in this case regards to whether it was in a stated, written policy (not the bible, but a company code of conduct) that she was aware of that in vitro fertilization was against their accepted code of conduct. If that were the case, and she knowingly violated it, that would be on her, fired for cause. I assume that that was not what happened, so the ruling is correct. I don't like it, I would like to see the law changed, but the law is the law and should be enforced as such.
Posted on 12/23/14 at 10:40 am to udtiger
Probably the right verdict. You're right though, it'll be slashed by at least 75% on appeal if it stands at all.
Posted on 12/23/14 at 10:51 am to Toddy
Shouldn't have told her why they weren't renewing her contract. Ambiguity is power.
Posted on 12/23/14 at 11:20 am to Toddy
Does this imply that a catholic school could not fire a teacher that had an abortion?
Posted on 12/23/14 at 12:03 pm to Turbeauxdog
Disagree 100 percent with the verdict. Terms of employment are clear. Church stance is clear.
Posted on 12/23/14 at 12:14 pm to Sid in Lakeshore
Article said that her contract would not be renewed for the following year. This implies that she signed a year to year contract. I would argue that a year to year contract makes no promise of future employment. Should be thrown out on appeal and why is she getting awarded medical fees? Did the non-employment cause her bodily harm?
Posted on 12/23/14 at 12:38 pm to Toddy
Ludicrous.
Posted on 12/23/14 at 12:43 pm to Toddy
quote:the catholic church h is seriously fricked up.
A Ft. Wayne jury has awarded a former Catholic school teacher $1.9 million after she was fired for undergoing in vitro fertilization, reports the Journal Gazette
Posted on 12/23/14 at 12:45 pm to arcalades
quote:
Shouldn't have told her why they weren't renewing her contract
That's the first thing I thought when I read it.
If her contract stated this was against their policy, then she should be SoL.
If not, she should win an award....albeit a smaller one.
Posted on 12/23/14 at 1:26 pm to Toddy
quote:
According to Herx and her attorney, the loss of her job violated Title VII of the Civil Rights Act, which prohibits discrimination based on sex and pregnancy-related medical conditions
They didn't fire her for having trouble conceiving naturally, they fired her for using IVF.
Regardless, I have mixed feelings about this type of thing. My wife and I are Catholic, and she teaches at a Catholic school.
Most of these moral clauses seem logical based on church doctrine. However, at times I think churches of all faiths cherry pick over which issues to focus on.
Posted on 12/23/14 at 1:28 pm to kingbob
The way this reads is that they simply didn't renew her contract for the following year. In our diocese they supposedly are not required to give cause for this.
Posted on 12/23/14 at 2:36 pm to Bmath
I feel for the woman but it is against the Church's teaching and as long as that was made clear then this should be overturned. She wasn't fired for being infertile. She was fired for doing something against the Church's teaching. Plus IVF is a completely voluntary process. Having children is not a right all people are entitled to.
This post was edited on 12/23/14 at 2:45 pm
Posted on 12/23/14 at 3:49 pm to Toddy
This is a nice "feel good" message from the jury, but a legislative act--in this case, the 1964 Civil Rights Act--does not overrule the First Amendment right of freedom of religion found in the U.S. Constitution. The Catholic Church, its parishes, and its public schools are protected by the First Amendment and cannot be required by a "mere" legislative act to set aside their religious beliefs. Whether or not one agrees with in-vitro fertilization, the official teaching of the Catholic Church is that this is an act of sin, and Congress (by its legislative acts) and juries (by their awards) cannot force a Catholic church or school to take actions against its firmly-held religious beliefs. If this case is pursued on appeal I would fully expect the jury award to be set aside and the Catholic school to be vindicated.
Posted on 12/23/14 at 3:53 pm to Bmath
Is this a "pregnancy-related medical condition"? She was terminated for using in-vitro fertilization, which took place before she was pregnant. Hence the action in question cannot involve a "pregnancy-related medical condition."
Posted on 12/23/14 at 4:02 pm to Toddy
quote:
The diocese stated Herx violated the terms of her contract containing a morals clause promising to uphold Catholic teachings.
She violated her contract, which is a fireable offense.
Page 1 of 4
Popular
Back to top
Follow TigerDroppings for LSU Football News