Tell managers: No discrimination for in vitro fertilization — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Tell managers: No discrimination for in vitro fertilization

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in Firing,FMLA Guidelines,Hiring,Human Resources,Maternity Leave Laws

The Pregnancy Discrimination Act (PDA) prohibits discrimination “because of or on the basis of pregnancy, childbirth or related medical conditions.”

Until now, it was an open question whether that law covered fertility treatments performed in order to become pregnant. Lower courts had argued that infertility is a gender-neutral condition because both males and females may contribute to the problem.

Now the 7th Circuit Court of Appeals has ruled that employers can’t punish female employees for undergoing in vitro fertilization because it is a medical procedure performed only on women on account of their childbearing capacity.

Recent case: Cheryl Hall worked for Nalco as a sales secretary. Hall asked for leave to undergo in vitro fertilization, or IVF. IVF is an assisted reproductive technology that involves administering fertility drugs to a woman, surgically extracting her eggs, fertilizing them and surgically imp...(register to read more)

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