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Title: Use Birth Control? You're Fired!
Source: ACLU
URL Source: http://www.aclu.org/blog/reproducti ... /use-birth-control-youre-fired
Published: Mar 12, 2012
Author: Jennifer Dalven
Post Date: 2012-03-14 11:54:56 by lucysmom
Keywords: None
Views: 39988
Comments: 67

First, a bill that gives immunity to doctors who lie to couples about the results of their prenatal tests in order to prevent them from getting an abortion. Now, a bill that would give your boss the green light to fire you for using birth control. You think I am kidding? I wish. For a decade now, Arizona insurance companies have been required to provide coverage for contraception just like other prescriptions. But, because they saw an opening to score some political points, some politicians there are suddenly moving to take that coverage away from women and their families.

And we aren’t talking here just about exemptions for religiously affiliated employers like Catholic hospitals and universities. We are talking about authorizing secular, for-profit employers to deny a woman coverage for birth control if the employer doesn’t believe that she and her partner should be allowed to have sex without getting pregnant. Yup, that’s right. If the owner of the Taco Bell where you work opposes birth control, Arizona legislators want to give him a legal right to deny you insurance coverage for your pills.

Sadly, that isn’t even the half of it. You may want to sit down for this one. Arizona legislators know that whether or not her insurance covers it, a woman may get the prescription she needs to prevent an unintended pregnancy. They want to give her boss the right to control that too. The bill they are pushing would not only allow employers to take the insurance coverage away, but it would also make it easier for an employer who finds out that his employee uses birth control to fire her. You heard me right . . . to fire her. And I thought Rush Limbaugh’s comments were as low as you could go on this one.

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Begin Trace Mode for Comment # 6.

#6. To: lucysmom (#0)

First, a bill that gives immunity to doctors who lie to couples about the results of their prenatal tests in order to prevent them from getting an abortion.

That is not what the bill is about. I've read the bill and the talking points.

If the doctor knows something is wrong with the fetus, he is obligated to tell the parents. This bill is to protect the doctor from being sued in the event no anomalies showed up on any of the tests and something was wrong anyway.

Fact sheet.

"Wrongful life suits endorse the viewpoint that the life of a disabled child is worth less than the life of a healthy child. As a public policy, the state should not allow these types of lawsuits that consider the existence of a life itself to be an injury or harm."

"SB 1359 is an important tort reform measure that helps avoid frivolous lawsuits. This bill protects the medical community against predatory lawsuits filed against a medical provider who did nothing wrong."


Be it enacted by the Legislature of the State of Arizona: Section 1. Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-718, to read:

12-718. Civil liability; wrongful birth, life or conception claims; application A. A PERSON IS NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION FOR WRONGFUL BIRTH BASED ON A CLAIM THAT, BUT FOR AN ACT OR OMISSION OF THE DEFENDANT, A CHILD OR CHILDREN WOULD NOT OR SHOULD NOT HAVE BEEN BORN.

B. A PERSON IS NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION FOR WRONGFUL LIFE BASED ON A CLAIM THAT, BUT FOR THE NEGLIGENT ACT OR OMISSION OF THE DEFENDANT, THE PERSON BRINGING THE ACTION WOULD NOT OR SHOULD NOT HAVE BEEN BORN.

C. A PERSON IS NOT LIABLE FOR DAMAGES IN ANY CIVIL ACTION FOR DAILY LIVING, MEDICAL, EDUCATIONAL OR OTHER EXPENSES NECESSARY TO RAISE A CHILD TO THE AGE OF MAJORITY, ON A WRONGFUL PREGNANCY OR WRONGFUL CONCEPTION CLAIM THAT, BUT FOR AN ACT OR OMISSION OF THE DEFENDANT, THE CHILD WOULD NOT OR SHOULD NOT HAVE BEEN CONCEIVED.

D. THIS SECTION APPLIES TO ANY CLAIM REGARDLESS OF WHETHER THE CHILD IS BORN HEALTHY OR WITH A BIRTH DEFECT OR OTHER ADVERSE MEDICAL CONDITION.�

E. THIS SECTION DOES NOT APPLY TO ANY CIVIL ACTION FOR DAMAGES FOR AN INTENTIONAL OR GROSSLY NEGLIGENT ACT OR OMISSION, INCLUDING AN ACT OR OMISSION THAT VIOLATES A CRIMINAL LAW.

mel  posted on  2012-03-14   13:40:56 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 6.

#7. To: mel (#6)

"Wrongful life suits endorse the viewpoint that the life of a disabled child is worth less than the life of a healthy child. As a public policy, the state should not allow these types of lawsuits that consider the existence of a life itself to be an injury or harm."

Do you think an insurance provider should be able to deny coverage to a child born less than healthy?

Do you support the STATE should determine what lawsuits are legitimate?

lucysmom  posted on  2012-03-14 13:55:49 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 6.

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