Find the right lawyer now

In Vitro Fertilization Discrimination

Find a Local Employment Lawyer near You

What Is In Virto Fertilization?

In Virto Fertilization is fertilization of the egg outside the woman’s body. The egg is fertilized by sperm and then inserted into the woman’s body, where the egg will grow into an infant, like a normal pregnancy.

In Virto Fertilization faces opposition from some religious groups, who sometime allege that women who choose to use In Virto Fertilization are infertile and/or lesbians.

What Is Pregnancy Discrimination?

Under the Pregnancy Discrimination Act, and most state laws, it is illegal for employers to discriminate in hiring, promotion, discipline, and termination based on pregnancy.

If an employee is temporarily unable to do her job because of pregnancy, employers must make the same accommodations they would make for any other temporarily disabled employee, including reasonable time off, or temporary reassignment.

Does Pregnancy Discrimination Cover Virto Fertilization?

These laws also include accommodations for pregnancy-related medical procedures. Federal courts have recently held that an employer may not act against an employee who has an in vitro fertilization performed. The law also prevents an employer from firing an employee for having an abortion.

Is Virto Fertilization Protected By Other Laws?

Discrimination based on these factors may also be covered by laws against sex discrimination. In some cases, age discrimination may also apply.

Women in a homosexual relationship can be protected by state discrimination laws if they are in a state which provides such protection, but federal law currently excludes sexual orientation as a protected class.

Does An Employer Have Any Defenses?

In Vitro Fertilization is subject to the same laws as pregnancy discrimination, so many of the same defenses will apply. This includes the “causation” requirement: the employee has to prove that the employer took adverse action against the employee because she is pregnant, not because of other reasons.

Due to religious opposition to In Virto Fertilization, employers who are religious groups can assert that they are exempt from discrimination laws because of the religious exemption clauses built into those discrimination laws. The religious employer can also say that the First Amendment prohibits government interference. 

Do I Need a Lawyer?

An experienced attorney in employment discrimination can be extremely valuable in assisting any female employee in pregnancy discrimination issues, or in filing any other claims that In Virto Fertilization discrimination might require.  

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 09-29-2016 03:47 PM PDT

Law Library Disclaimer
  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service
What is LegalMatch?

We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.