In vitro fertilization and artificial insemination may not be terms regularly discussed in the workplace now, but the outcome of a federal case pending in White Plains — and the expected filing of similar suits — could ultimately change that.

The critical issue in the Southern District of New York case, Saks v. Franklin Covey Co., No. 99 Civ. 9588, is the liability an employer faces under the Americans with Disabilities Act when the health insurance plan it offers employees limits or excludes coverage for infertility treatments. The case may be one of the first to apply a 1998 U.S. Supreme Court decision, Bragdon v. Abbott, 188 S. Ct. 2196, to an infertile employee. Bragdon held that the ability to conceive is a major life activity under the ADA, ending a debate in federal courts on this issue.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]