On March 4, 1997 a policewoman filed suit against the City of Chicago for its failure to pay her medical bills relating to infertility treatments and additional medical expenses relating to her pregnancy. The complaint alleged that Chicago had violated the American with Disabilities Act (ADA) and Title VII of the Civil Rights Act and had also breached its health insurance contract.

On May 8th, 2007 the District Court for the Northern District of Illinois, Eastern Division (Judge Suzanne B. Conlon), denied the city's motion to dismiss, holding that the ADA prohibits an employer from discriminating against anyone with a disability and defines a disability as a physical impairment that limits one or more major life functions. The district court ruled that infertility qualified as a disability under the ADA.

While the plaintiff's motion to certify a class of similarly situated persons was pending, the parties engaged in settlement negotiations. A class-wide settlement was reached, though the class was not formally certified, and filed with the court on November 4, 1997. Under the settlement the City agreed to pay for future infertility treatments and partially cover such claims made by employees in the previous ten years. The case was closed on March 10, 1998 when the court approved a final settlement awarding plaintiff $110,000 for attorney's fees and $2000 for costs.

Michael Perry - 06/08/2010


compress summary