The Pregnancy Discrimination Act would be violated if a woman was fired because of absences caused by her receipt of in vitro fertilization treatments, so ruled the federal Seventh Circuit Court of Appeals in Hall v. Nalco Company (No. 06-3684 decided 7/16/08). This is the first federal appeals court to decide this issue.
The plaintiff, Hall, worked as a sales secretary. She twice took leaves of absence to receive in vitro fertilization treatment. The employer elected to reduce its secretarial staff and decided to let Hall go because she had "missed a lot of work due to health" and, most significantly, was cited for "absenteeism - infertility treatments."
The court ruled that her firing implicated the Pregnancy Discrimination Act (PDA) because the PDA prohibited discrimination based on a woman's pregnancy, which will always be sex discrimination, as well as based on childbirth and medical conditions related to pregnancy or childbirth. While both men and women can receive fertility treatments, the court observed, 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." Therefore, the court concluded that Hall had presented a viable claim that she was unlawfully discriminated against based on her female sex in violation of Title VII and the Pregnancy Discrimination Act.
Robert L. Abell
www.RobertAbellLaw.com
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