Teacher, Fort Wayne-South Bend diocese file motions to dismiss discrimination lawsuit

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By: Associated Press

Public Domain

FORT WAYNE, Ind. (AP) — Both the Roman Catholic Diocese of Fort Wayne-South Bend and a former teacher who was fired after undergoing in vitro fertilization treatments have filed motions to dismiss a lawsuit.

Emily Herx filed a federal gender discrimination case against the diocese in 2012, arguing that the diocese treated male teachers in similar situations differently. The diocese claims it chose not to renew her contract because the in vitro fertilization treatments violated church teachings.

Herx was initially awarded $1.9 million in damages, but that was eventually reduced to roughly $403,600. The diocese appealed the verdict in August, and the two sides filed a joint motion to dismiss Tuesday.

Kathleen DeLaney, Herx’s attorney, told The Journal Gazette the case has been settled, but declined to comment further.

Diocese spokeswoman Stephanie Patka said the diocese had no comment.

Information from: The Journal Gazette, http://www.journalgazette.net