pregnancy discrimination and medical reimbursement plan

Paul in Cannon Beach

Would a medical reimbursement plan be covered by pregnancy discrimination legislation as a "health insurance plan"?

We offer a medical reimbursement plan to a group of employees. It covers medical and dental expenses up to $1500 annually.

When the original policy for the reimbursement plan was written it excluded "pregnancy and childbirth". This just recently caught my eye.

Title VII states:

The terms ``because of sex'' or ``on the basis of sex'' include, but are not limited to, because of or on the basis of pregnancy, childbirth... shall be treated the same for
all employment­related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 2000e-2(h) of this title [section 703(h)] shall be interpreted to permit
otherwise.

So, wouldnt the medical reimbursement plan be considered a "fringe benefit program"? This exclusion of "pregnancy and childbirth" bothers me but I need input from the forum.

System

It doesn't have to be a "health insurance plan" in order for Title VII to be applicable. As you say, Title VII prohibits discrimination in the receipt of benefits under fringe benefit programs. A fringe benefit isn't limited to health insurance - it's essentially any employment benefit an employee receives in addition to his or her wages or salary. So yes, I believe that the medical reimbursement plan would be considered a fringe benefit program and would be subject to the anti-pregnancy discrimination provisions of Title VII.

Paul in Cannon Beach

Thanks. I think you are correct. I have the wording from the EEOC which indicates "fringe benefits" are included as you mentioned.

I still am waiting to hear back from the EEOC...