Her Honesty About Infertility Backfired

Question: I’m a 34-year-old graphic artist at a small print shop with about eight employees.

Recently, I told my boss that I’d been diagnosed with infertility and that the treatment to become pregnant would require me to go to the doctor five to six times a month. He usually allows us to use paid sick time for doctor’s appointments, but I wanted to be fair to him, so I suggested that he cut my official weekly hours to 30 because I’d miss so much time.

Instead, he fired me. He said he needed workers who were 100% committed, not part time, and that once I got pregnant, I’d leave. In essence, he fired me because I have a medical condition.

I feel this was discriminatory. It had nothing to do with my abilities; in fact, he’s offered to write a reference. My doctor thinks I should sue because the stress of losing my job is one more impediment to getting pregnant.

Answer: And they say honesty is the best policy.

When--and whether--to tell employers about infertility problems is of growing concern to workers who require medical treatment to conceive.

Donna Lenhoff, general counsel for the National Partnership for Women & Families, said the situation may not seem fair, but she doubts the reader could win a lawsuit, at least in federal court, despite some recent favorable court rulings. The Supreme Court has ruled that people can be considered disabled and protected under the Americans With Disabilities Act if they have an impairment that substantially limits reproduction. But the act covers only firms with 15 or more employees.

Similarly, Title VII, which bans discrimination in employment based on gender or pregnancy, applies only to workplaces with more than 15 employees.

Deborah Wachenheim, government affairs director of Resolve, the National Infertility Assn., suggested the reader look to larger companies so she can qualify under the Family and Medical Leave Act, which permits workers to take up to 12 weeks of unpaid leave each year for medical reasons.

For specifics on the FMLA and infertility, visit the organization’s Web site (https://www.resolve.org).

Kirstin Downey Grimsley can be reached via e-mail at downeyk@washpost.com.