Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorKickerFeaturesSectionsNewsLJN Newsletters

HOTLINE

By ALM Staff | Law Journal Newsletters |
August 18, 2003

The Second Circuit has held that denying insurance coverage for infertility treatments that can only be performed on women does not violate the Pregnancy Discrimination Act (PDA). Saks v. Franklin Covey Co., 00-9598 (Jan. 15, 2003).

The plaintiff's lawsuit claimed that the refusal of her employer's health benefits plan to cover infertility treatments amounted to a violation of her civil rights under Title VII of the Civil Rights Act of 1964 and the PDA, 42 U.S.C. '2000e, which extended Title VII's bar against discrimination 'because of sex' to include pregnancy and 'related medical conditions.' The health plan allowed benefits for a number of infertility products and procedures, but specifically excluded artificial insemination and other surgical impregnation procedures, such as in-vitro fertilization. The district court found that the exclusions of surgical impregnation procedures affected males and females equally and that the PDA was not violated because the plan provides equal coverage for men and women.

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.