E.E.O.C. administrative process that will continue to evolve."

Ms. Saks's case and a trickle of similar complaints around the country have begun to come before the employment commission mostly as the result of an unrelated Supreme Court decision last summer that declared reproduction a "major life activity" and ruled that those who could not bear children were protected under the Americans with Disabilities Act.

Elizabeth Grossman, a supervisory trial lawyer for the employment commission's New York district office, said she was prohibited under Federal law from commenting on Ms. Saks's case while it was still being investigated. The ruling now gives the company the chance to enter into discussions to settle Ms. Saks's complaint, and if an agreement cannot be reached, the case will move to Federal Court.

But Ms. Grossman did say that few infertility coverage cases have advanced from the administrative realm to court, where a ruling by a Federal judge could have a huge impact on whether companies and insurers must pay for infertility procedures.