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The three-judge panel has cleared the way for secretary Cheryl Hall to sue her former employer for laying her off for absenteeism in order to receive in vitro fertilization, The Wall Street Journal reported Wednesday.

The decision, the first of its kind at the federal appeals level, applies only in Indiana, Illinois and Wisconsin but could influence other courts or end up in the U.S. Supreme Court if a conflict arises.

The Chicago court found working women who need time off for infertility treatments can invoke the Pregnancy Discrimination Act as potential protection against adverse action.

Hall's attorney Eugene Hollander says the ruling suggests women will have to worry less about the "repercussions of taking time off for IVF", the Journal said.

Hall's former employer, Nalco, is seeking a hearing before the full, 11-judge appeals court.

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