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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.

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