She IS suing the diocese for:
" violating the Civil Rights Act and the Americans with Disabilities Act by discriminating against Herx based on gender and on infertility, which is considered a disability. The Equal Employment Opportunity Commission upheld Herx's complaint in January."
Um...the diocese is claiming violation of RELIGIOUS DOCTRINE, not ethical standards.While they're ethical standards may be established due to their belief in religion, it is not directly discriminating against her due to HER religion. That would be more along the lines of "You're a muslim, so we're not hiring you".