Naperville company can be sued for denying leave for fertility treatment

A federal appeals court has ruled that a woman who says she was fired from her suburban Chicago job after taking time off to undergo infertility treatment can proceed with a discrimination suit against her former employer.

The decision Wednesday reversed an earlier U.S. District Court ruling here that the case and ruled that discrimination wasn't an issue in such cases because infertility is a gender-neutral condition.

But the appellate judges said Cheryl Hall of Dyer, Ind., underwent in-vitro fertilization treatments, and only women undergo such treatments.

Hall lost her job with Nalco, a Naperville water-treatment and chemicals company, after requesting a second leave of absence for IVF procedures.

Her attorney, Eugene Hollander, says she Hall is seeking reinstatement, back pay and compensation for mental anguish.