Like many other women, Cheryl Hall was afflicted with infertility. After taking one leave from work, and requesting a second, to undergo in vitro fertilization (IVF), she was fired. Does Title VII, the main federal anti-discrimination law, prohibit an employer from firing an employee under these circumstances? In a recent ruling, Hall v. Nalco, the U.S. Court of Appeals for the Seventh Circuit said yes.
Conflicts between Reproduction (Including Infertility Treatment) and Work
There is no inherent conflict between reproduction and work. But certainly pregnant women sometimes face challenges at work, whether posed by environmental conditions, like chemicals, radiation, or infectious disease; or by physical movements that can be difficult to perform, like standing for long periods of time, stooping over, climbing stairs or ladders, or lifting heavy objects; or, finally, by job conditions, like irregular hours, shift work, or psychological stress. As I have written in previous columns such as this one, the law protects against pregnancy “discrimination,” but provides little in the way of forcing employers to accommodate the women’s condition, and ameliorate the conflict between being pregnant and fulfilling certain job conditions, in these situations.
Tags : infertility, job loss
