Peter Romer-Friedman, an attorney with Washington, D.C.-based firm Gupta Wessler PLLC who is representing the couple, said this is the first time, that he’s aware of, that a charge like this has been filed with the EEOC, though same-sex couples have long been fighting for insurance coverage of IVF and other infertility treatments. I imagined we’d have two children by now,” Briskin said. “If we could afford it, I guarantee you we would have at least one. But that request was also denied, according to the charge.īriskin said after those denials, he felt like he could no longer stay quiet. Then, on July 12, Briskin contacted the New York City Law Department, which represents the city in legal disputes, and requested that the counsel change the city’s IVF policy to comply with anti-discrimination laws. On June 8, Briskin contacted the city’s Office of Labor Relations and a human resources representative at the New York County District Attorney’s Office to request coverage, but the Office of Labor Relations said he and Maggipinto were not eligible for those services and denied the request, according to the EEOC charge. “The city will review the details of the complaint.”īriskin said he tried to request IVF coverage despite the definition of infertility, but he was denied on two different occasions.
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“New York City has been a leader in offering IVF treatments for any city employee or dependent covered by the city’s health plan who has shown proof of infertility, and our policies treat all people covered under the program equally, regardless of gender identity or sexual orientation,” the spokesperson said. Maggipinto to satisfy the definition.”Ī City Hall spokesperson said in an emailed statement that New York City Mayor Eric Adams’ administration “proudly supports the rights of LGBTQ+ New Yorkers to access the health care they need.” The policy doesn’t define “intercourse,” but the couple’s charge, filed with the Equal Employment Opportunity Commission, alleged that “the City and its insurers have interpreted it to mean intercourse between a man and a female, thereby making it impossible for Mr.
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The policy - like most insurance policies nationwide - defines infertility as “the inability to conceive after 12 months of unprotected intercourse” or after 12 cycles of intrauterine insemination, or IUI, over 12 months.
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Under the city’s policy, an individual has to be diagnosed with infertility to be eligible for coverage of IVF or other assisted reproductive technologies.
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Briskin left the position in March and is now a law clerk for a federal judge, but he is still covered under the city’s insurance plan through a federal law called COBRA, which allows employees to continue to receive insurance coverage from their former employer for up to three years if they pay the full premium.