In a series of recent decisions, federal district courts in Chicago have ruled that infertility is a disability as defined by the Americans with Disabilities Act ("ADA"). Erickson v. Board of Governors (9/2/97); Bielicki v. City of Chicago, (5/8/97); and Pacourek v. Inland Steel Company (2/16/96).
Under the ADA, it is unlawful for an employer to "discriminate against a qualified individual with a disability because of the disability . . . in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment." 42 U.S.C. 12112(a). The ADA defines a "disability" as "a physical or mental impairment that substantially limits one or more of the major life activities of an individual . . ." 42 U.S.C. 12102(2). A "physical impairment" includes "[a]ny physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body
