Recent Cases Highlight Section 1557 Discrimination in Fertility Treatments
… in 2016. However, in accordance with the 2020 Supreme Court of the United States’ (SCOTUS’s) decision in Bostock v. Clayton County, the recently proposed rules interpret the term “sex” to include sexual orientation and gender identity. Two recent court cases highlight §1557’s reach. These cases hinge on fertility benefits and discrimination against individuals in the LGBTQ+ community. Employer plan sponsors should monitor developments with these cases in the event they may need to make changes to plan coverage. Berton v. Aetna, Inc. In a 2024 case out of the Northern District of California, Berton v. Aetna, Inc., the …
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