On January 24, 2024, Nichols Kaster—together with the California Civil Rights Law Group—filed a class action challenging the discriminatory practices that denied equal access to fertility treatment to individuals in a non-heterosexual relationship enrolled in GEICO’s, United Healthcare Services’, and/or UnitedHealth Group’s health insurance policy. The Complaint alleges that GEICO, United Healthcare Services, and UnitedHealth Group discriminated on the basis of sex and/or sexual orientation by requiring non-heterosexual individuals to undergo six months to a year of expensive medical procedures to qualify for covered fertility treatment, procedures that heterosexual individuals did not have to endure as they could merely state they were unable to conceive after six months to one year of sexual intercourse. The lawsuit goes on to assert unlawful business practices and unjust enrichment.
This is a civil rights class action, brought under the Fair Employment and Housing Act (FEHA), the Affordable Care Act, California’s Unfair Competition Law, and the California Unruh Civil Rights Act. This lawsuit challenges the defendants’ illegal practices as endured by Plaintiff Reyna Dempsey and other similarly situated individuals. Plaintiff, on behalf of herself and members of the proposed Classes, seeks monetary damages and restitution.
This case is entitled Dempsey v. Government Employees Insurance Company, et al., Court File No. 5:24-cv-00425 (Northern District of California).
Q:How do I join this case?
As part of our investigatory efforts, we are interested in speaking with individuals in a non-heterosexual relationship who were enrolled in GEICO’s, United Healthcare Services’, and/or UnitedHealth Group’s health insurance policy prior to July 2023 and tried or wanted to conceive while being subjected to the defendants’ policy.
You may contact us toll-free at (877) 344-4628, write to us at Nichols Kaster, LLP, 235 Montgomery St #810, San Francisco, CA 94104, or email Attorney Jasjit Mundh at email@example.com.
Q:Am I eligible?
This case seeks to represent all individuals in a non-heterosexual relationship who were enrolled in GEICO’s, United Healthcare Services’, and/or UnitedHealth Group’s insurance policy prior to July 2023 and tried or wanted to conceive while being subjected to the defendants’ policy. If you have questions about whether you are included in these classes, contact us.
Q:What is a class action?
A:In a class action lawsuit, one or more people, called the “class representatives,” sue on behalf of themselves and other people who have similar claims. Together, this group of people is called a “class” or “class members.” The class representative and the class members together are called the “Plaintiffs.” The entities or companies they sue are called the “Defendants.” The judge or jury resolves the claims for everyone in the class—except those who ask to be excluded from the lawsuit.
Q:How long will this take?
A:Class actions can often take years. Please check this page periodically for updates on the case’s status.
Q:How do I learn more?
For more information or questions regarding this case, please contact our paralegal, Sydney Martens, at firstname.lastname@example.org or call 612-256-3241.
January 29, 2024
Class Action Lawsuit Filed Against GEICO, United Healthcare Services, and UnitedHealth Group on Behalf of Individuals in Non-heterosexual Relationships: Discriminatory Policy Denied Equal Access to Fertility Benefits
On January 24, 2024, Nichols Kaster, along with the California Civil Rights Law Group, filed a class action against GEICO, United Healthcare Services, and UnitedHealth Group, alleging their health insurance policy discriminated on the basis of sex and/or sexual orientation in the provision of their fertility benefits by requiring individuals in non-heterosexual relationships to endure expensive medical procedures that individuals in heterosexual relationships did not have to undergo. The lawsuit is filed in the United States District Court for the Northern District of California.
As alleged in the complaint, to qualify for covered fertility benefits, the health insurance policy provided by GEICO, United Healthcare Services, and UnitedHealth Group required individuals to (A) state that they were unable to become pregnant after six months to one year of sexual intercourse, (B) be medically infertile, or (C) undergo six months to one year of therapeutic donor insemination without a pregnancy. The complaint further alleges that, for individuals in a non-heterosexual relationship such as Plaintiff Reyna Dempsey, the only option to qualify for covered fertility treatment (absent medical infertility) was Option C, which was expensive and time-consuming. The complaint alleges that this policy was unfair and facially discriminated on the basis of sex and/or sexual orientation.
“All people, regardless of their sex or sexual orientation, deserve equal access to healthcare benefits”, said Plaintiff’s attorney Jasjit Mundh of Nichols Kaster, LLP.
The case is titled Dempsey v. Government Employees Insurance Company, et al., and its case number is 5:24-cv-0042. The Plaintiffs are represented by Matthew C. Helland, Anna P. Prakash, and Jasjit Mundh of Nichols Kaster and Larry Organ, Julianne Stanford, and Kira Brekke of the California Civil Rights Law Group.
For additional information on the case, contact Jasjit Mundh of Nichols Kaster, LLP at (415) 277-7258 or email@example.com, or please visit our web page. For more information about the representative law firms, please visit https://www.nka.com/ and https://www.civilrightsca.com/.
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