The Employee Retirement Income Security Act of 1974 is a wide-reaching federal act that offers a range of protections to employees and consumers. ERISA has just been utilized by actress Hilary Swank to reach a settlement regarding company-provided health care and its coverage of various health-related procedures.
Hilary Swank sued SAG-AFTRA, alleging in her complaint that its policies regarding ovarian cyst and endometriosis are discriminatory, sexist, and “shockingly antiquated.”
Swank, as an actress, is part of the SAG-AFTRA union, who are the employee representatives of thousands of people in the entertainment industry. According to her complaint, Swank has had lifelong endometriosis, a disorder that affects the uterus and causes numerous health issues for the reproductive systems of women around the world. When Swank sought medical treatment for advanced endometriosis that was significantly impacting her health and quality of life, SAG-AFTRA denied her medical coverage for the necessary ovarian cyst procedure.
Screen Actor’s Guild (SAG) classified her procedure request as a form of infertility control, a type of medical treatment that is not considered necessary and possibly cosmetic. Swank recognized that this was clearly not the case and sought legal action against the company.
Swank’s suit highlights the tactics that companies often act with in regards to employee health and insurance coverage. Swank’s suit also highlights that everyday people likely are being pushed around and handled improperly by their employers and the insurance companies who represent those employers.
Mehr Fairbanks Trial Lawyers represents clients who have ERISA claims against employers regarding numerous case types. If you feel that your employer may have violated your federal ERISA rights, please get in contact with our firm. We look forward to serving you and want to help.
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