Former NYC Assistant Attorney and Husband Sue City, Allege Health Plan Discriminates Against Gay and Lesbian Couples

In New York City, a legal battle over equal rights and health benefits is underway. Former Assistant District Attorney Corey Briskin and his husband, Nicholas Maggipinto, have filed a lawsuit against the City of New York alleging that the city's health plan discriminates on the basis of sex in the provision of in vitro fertilization benefits, and in particular, unfairly treats gay and lesbian couples.

Briskin and Majipinto's lawsuit exposes a broader issue: who is eligible for maternity-related care in employer-sponsored health plans. This issue has become particularly important since the U.S. Supreme Court's landmark decision in Bostock v. Clayton County, which affirmed the protections afforded to LGBTQ+ employees under Title VII of the Civil Rights Act of 1964.

The lawsuit states that New York City's health plan defines "infertility" as the inability to conceive a child for 12 consecutive months through male-to-female sexual intercourse or intrauterine insemination, a definition that clearly excludes gay and lesbian couples from accessing the benefits of in vitro fertilization (IVF). Briskin and Majipinto's case seeks to end this policy and require New York City to provide equal access to IVF treatment.

New York Mayor Eric Adams and former Mayor Bill de Blasio both appear in the suit. A city spokesperson said the Adams administration supports the rights of LGBTQ+ New Yorkers to get the health care they need, and emphasized that the city has been a leader in providing in vitro fertilization treatments regardless of gender identity or sexual orientation.

The legal community is also watching this case. At the federal level, the Biden administration has announced changes to in vitro fertilization guidelines that would extend benefits to veterans and active duty military personnel who are single or in same-sex relationships. Additionally, Briskin and Majipinto are represented by attorneys from Peter Romer-Friedman Law PLLC, one of whom, Patrick David Lopez, served as General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC) from 2010 to 2016, and is committed to strengthening protections for LGBTQ+ workers.

Briskin and Majipinto's lawsuit is not only a challenge to New York City's policies, but also an important discussion about gender equality and reproductive rights nationwide. As this lawsuit progresses, it could have far-reaching implications for the future of health insurance policy and the rights of the LGBTQ+ community.