IVF AND VALUING THE DAMAGES WHEN AGENCY ERRORS DENY COUPLE A CHILD
The simple story here is that EEOC has reviewed and upheld its 2018 conclusion that it violates the law protecting employees with disabilities for the feds to have offered health insurance plans that denied coverage for certain artificial insemination and IVF procedures. But the much more interesting holding is how EEOC concluded how much money the feds owe a husband and wife couple of feds because, “The Agency’s discriminatory conduct had the additional effect of prematurely and permanently ending Complainants’ twelve-year pursuit of wanted parenthood to a biological child.” In short, it wrote, “we believe one acceptable and fair method to discern how much Complainants valued becoming parents is to look at how much they were willing to pay to become parents to adopted children in 2002.” Continue reading