PCOS

On June 25, 1998 the United States Supreme Court issued a ruling that reproduction is a major life activity under the ADA. This ruling effectively overrules the Kraul v. Iowa Methodist Medical Center opinion in the Eighth Circuit. Although this case was decided in the HIV context, it has strong implications for persons with infertility. Infertility meets the requirements of the ADA - i.e. a disease of the reproductive system that affects the major life activity of reproduction. Insurance policies that exclude infertility treatments are very likely to be in violation of the ADA. In addition, employers who discriminate against infertile couples by denying them time off for treatments, etc. are also violating the ADA.
Legal Resources

Americans With Disabilities Act, 42 U.S.C. S 12101 et seq. Title VII of the Civil Rights Act, 42 U.S.C. S 2000e et seq.
Pregnancy Discrimination Act, 42 U.S.C. 2000e(k)
Doe v. Kohn Nast & Graf, P.C., 862 F. Supp. 1310, 1319, (E.D. Pa. 1994)
Pacourek v. Inland Steel Co., 858 F. Supp. 1393 (N.D. Ill. 1994
McWright v. Alexander, 982 F.2d 222, 226-27 (7th Cir. 1994)

These statements are copied from INCIID

Pathology Lab Handbook

(this is a good reference when in question about labs)

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Last updated On May 26,1999

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