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Reply #22: the plan also covers Rogaine. Is hair loss a "disorder"? [View All]

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spooky3 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-17-07 02:24 PM
Response to Reply #9
22. the plan also covers Rogaine. Is hair loss a "disorder"?

Does the plan limit Viagra to only those cases where men simply cannot ever have sex? If not, some medical people might argue that the Viagra is for the patient's convenience, not to treat an illness. In fact, since sex is not necessary to live, I could see someone making the argument that all Viagra use is an unnatural intervention simply for the patient's convenience. Not saying I agree or disagree, but rather, saying that the situation is not nearly as black-and-white as you depict it.

Further, although I am not an attorney, it may WELL be about the "result." Other cases of discrimination have been decided on the basis of disparate impact. Disparate treatment is not the only theory of discrimination. In disparate impact cases, differential adverse consequences for men vs. women may well be illegal if they cannot be justified on the basis of business necessity. Here it would be difficult to see the business necessity if it is in fact cheaper to cover contraception than to pay for childbirth expenses. And EEOC (see my other posts with links) specifically rejects a cost defense in this case.
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