When trying counts: IVF places teacher in protected class under Title VII

Title VII of the Civil Rights Act of 1964—as amended in 1978 by the Pregnancy Discrimination Act (PDA)—makes it unlawful for an employer to discharge or otherwise discriminate against a woman because she is pregnant. In the more than 45 years since the PDA was passed, courts have explored the extent of the PDA’s protection as it relates to pregnancy. Courts have found that neither the legislative history nor the language of the PDA reflects an intent to cover infertility because infertility affects both men and women. Questions remained in Arizona, however, over whether the PDA protects a woman from discrimination based on adverse employment actions related to her in vitro fertilization (IVF) efforts to become pregnant. Does the PDA provide protection from discriminatory actions related to IVF efforts?

What you need to know

Melissa Stokka was hired as a fifth-grade teacher for Scottsdale Unified School District for the 2022-2023 school year. Her contract with the district was only for one year.

During her employment, Stokka shared with teachers and administrators, including the principal of the school, that she was undergoing IVF. She received fertility treatments throughout the 2022-2023 school year.