Gay Couple Sues NYC for Denying IVF Benefits - Landmark Case Challenges Discrimination

gay couple NYC lawsuit IVF benefits healthcare discrimination landmark IVF case

By E.Baloyo , Parent Herald May 10, 11:00 am

Photo: (Photo : LUCA SOLA /Getty Images)

A gay couple is filing a lawsuit against New York City, claiming healthcare discrimination for failing to receive IVF benefits.

The couple, consisting of former New York City assistant district attorney Corey Briskin and his husband, Nicholas Maggipinto, contend that the city's healthcare plan unfairly excludes gay male employees and their partners from accessing IVF benefits.

This exclusion, they argue, contrasts with the provision of such benefits to employees in heterosexual relationships, single women, and women in same-sex relationships.

Gay Couple Sues NYC for Denying IVF Benefits

This NYC lawsuit marks a significant legal milestone as the first class action case advocating for IVF benefits for gay male employees, a press release from the plaintiffs' law firm reveals.

The potential success of this case, according to the legal team representing Briskin and Maggipinto, could have widespread implications, extending fertility benefits to gay male couples nationwide.

Peter Romer-Friedman, founder of the civil rights and class action law firm Peter Romer-Friedman Law PLLC, emphasized the broader goal of reshaping legal standards to ensure that gay men are not excluded from IVF opportunities.

The core argument of the lawsuit centers on New York City's alleged violation of Title VII of the Civil Rights Act by withholding IVF coverage from gay male employees while providing it to other groups.

The crux of the issue lies in the city's definition of "infertile," which currently hinges on the inability to conceive through traditional heterosexual intercourse or intrauterine insemination (IUI).

This definition, as the lawsuit contends, creates a barrier for gay men to qualify for IVF benefits, as their inability to conceive through these specific methods does not fit within the existing framework. This discrepancy, the lawsuit argues, unfairly hinders gay men from pursuing biological parenthood.

Landmark IVF Case for Healthcare Discrimination

According to the lawsuit, Briskin and Maggipinto have been pursuing IVF to expand their family since 2017.

In 2021, Briskin requested equal IVF benefits for himself and fellow gay male employees from former Mayor Bill de Blasio's administration but was denied, leading the couple to file a discrimination charge with the Equal Employment Opportunity Commission the following year.

The city's argument, as presented in the lawsuit, is that Briskin and Maggipinto were ineligible for IVF benefits due to the healthcare plan's lack of coverage for surrogates.

However, the couple clarified that they were not seeking reimbursement for surrogacy charges but rather sought coverage for the same IVF services provided to other employees. They received a "right to sue" letter from the Department of Justice in March, advancing their legal recourse.

The lawsuit highlights the detrimental impact of the city's "outdated" definition of infertility, which has deprived hundreds, if not thousands, of city employees of IVF and family-building benefits.

Without these benefits, which typically cover 75% of IVF costs, gay couples face significantly higher out-of-pocket expenses for the procedure, compounded by the costs associated with surrogacy.

The financial burden of IVF and surrogacy is substantial, with estimates from the advocacy group Men Having Babies indicating costs exceeding $177,950 for gay men seeking to conceive a biological child.

The lawsuit implicates both Mayor Eric Adams and former Mayor Bill de Blasio as defendants, prompting a response from a city hall spokesperson.

In their statement, the spokesperson emphasized the Adams administration's commitment to supporting LGBTQ+ New Yorkers' access to necessary healthcare, including IVF treatments.

The city asserts that it has been a leader in providing IVF treatments to any city employee or dependent covered by the health plan, irrespective of gender identity or sexual orientation, provided they can demonstrate proof of infertility.