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Question - Successful Challenges for Infertility Insurance Using ADA?:
"Has anyone had any success with challenging their employer for not providing coverage for infertility?
I am a state employee who has found out that the insurance company has a policy that covers infertility but the state insurance committee has decided not to offer this to its employees. I have challenged the committee stating that this was discriminating -- the 1998 Supreme Court ruled that reproduction is a major life activity under the Americans with Disabilities Act. I have just started this process and I was wondering if anyone else has fought and won?"
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Answer:
At this time (July 2001), the answer is no...
A bit more information:
In "ADA Claim for Failure to Cover Infertility Treatments Dismissed" (you can sign up for a free one-week trial to see the entire article), the EBIA Weekly describes the case of Lehman v. Adecco North America LLC.
EBIA comments in the article that other courts have come to similar conclusions, that is, if a company is not offering infertility insurance to any of its employees, then no discrimination is occurring. If a company were to offer IF coverage only to certain employees, then a case of discrimination may be justified.
(From the 5/24/01 EBIA WEEKLY, by the Employee Benefits Institute of America LLC)
The use of the ADA to win insurance coverage for infertility treatment is an unmet challenge at present. Anyone who plans to pursue the legal end of questions regarding infertility insurance coverage would do well to become involved with RESOLVE or the American Fertility Association for guidance.
© Tracy Morris
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