Two teachers suing for infertility coverage

By Alicia Fabbre

July 26, 2000 Web posted at: 1:52 PM EDT (1752 GMT)

ST. CHARLES, Illinois (Daily Herald) -- Two St. Charles teachers are challenging a district policy that excludes infertility treatment from insurance coverage.

The two women, Lisa Mack and Angela Moreau, filed a federal class-action lawsuit last week seeking coverage for their treatments and charging that the district's health plan violates the Americans with Disabilities Act and discriminates against women.

Mack, who had twins earlier this year, is a teacher at St. Charles East High School. Moreau is a teacher at Anderson Elementary.

The two women first filed a complaint against the district's policy in 1999 with the Equal Employment Opportunity Commission. Although the commission did not take any action against the district, officials in December ruled that there was "reasonable cause to believe that the (district) has discriminated against a class of employees ... on the basis of disability by maintaining a health benefits plan that excludes coverage for (the women's) disability."

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In June, the commission issued a letter allowing the women to take their claim to federal court.

"We think it's sex discrimination," said Patricia Collins, a Chicago attorney representing Mack and Moreau. "The purpose of treatments are to accomplish pregnancy, and to not pay for that medical treatment obviously affects women."

Collins added that infertility falls in line with court definitions of disability. Previous court cases have ruled that disabilities include anything that limits a major life activity.

Infertility experts added that infertility is a disease, much like any other ailment typically covered by insurance plans.

"It's not like it's plastic surgery," said Jane Rundell, a nurse at an Arlington Heights infertility clinic. "These women have health problems."

Mack and Moreau are seeking compensation to cover their medical expenses, which date back to 1999. They also are seeking coverage for any other employees who join in the suit with claims dating back to June 1998.

District officials said they had not yet seen the lawsuit but denied the allegations.

"The district does not feel that there is anything discriminatory or unlawful about its plan," said Mike Duggan, an attorney for the school district.

Assistant Superintendent for Business Services Dave Zager said the district, which is self-insured, opted not to include coverage for infertility treatment because of cost. Prescriptions to treat infertility can cost $3,000 to $5,000 a month, said Dr. Charles Miller, an infertility specialist in Arlington Heights. In-vitro fertilization cycles can cost $12,000 or more, Miller said.

"It was simply a matter of it would cost the plan a lot to provide the coverage," Zager said.

And while a 1991 state law requires companies to provide coverage for infertility treatment, self-insured companies or agencies with fewer than 20 employees are exempt. Many school districts, such as St. Charles, Elgin and Kaneland, are self-insured and not required to provide the coverage.

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