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New York City has been sued by a former worker who says its health insurance plan provision for in vitro fertilization (IVF) costs excludes gay workers.
According to the lawsuit filed by a former assistant district attorney, the city’s plan only covers the costs of IVF for women and heterosexual couples.
Corey Brisken, the ex-worker in question, and his husband say the policy is discriminatory, and claim it meant he and his partner delayed having a family for years.
The filing states that IVF treatment costs are only covered for employees and their partners whilst they are infertile. Brisken and his legal team believe this narrow definition excludes gay employees.
The plan only covers IVF treatments for employees and their partners when they are infertile and defines that term in a narrow way that categorically excludes gay men, according to the lawsuit.
The suit was filed in Manhattan federal court and the proposed class may include thousands of people. According to the filing, the city employs around 300,000 workers and healthcare coverage plans extend to an estimated 1.25 million beneficiaries.
Peter Romer-Friedman, the lawyer representing Briskin and his husband, argues the policy violates both federal, state, and city laws under which workplace discrimination based on sex and sexual orientation is banned, and the defendant’s constitutional rights to equal protection and due process.
Romer-Friedman believes the case, if successful, could set a national precedent as he says it is the first proposed class action that focuses specifically on a health coverage plan that is discriminatory against gay men.
"No court has yet opined on the issue of whether gay men can be denied IVF benefits given to other employees," he stated.
A bill was introduced to the New York City council in March that proposed to require IVF treatments are covered in the benefits policy for all workers, whatever their sexual orientation or marital status.
“In implementing such benefits, the City would be prohibited from discriminating on the basis of marital or partnership status,” the bill summary reads.
Other lawsuits on discriminatory fertility policies have proved successful.
Last week, a Manhattan federal court ordered Aetna, a managed health care company to pay $2million after requiring LGBTQ beneficiaries to pay more for fertility treatments than heterosexual beneficiaries. It must update its health coverage plan to cover all individuals regardless of sexual orientation.
