dictionary

Federal lawsuit says insurance should cover cost of contraceptives

According to Planned Parenthood, the average cost of a one-year supply of birth control pills is approximately $300

July 20, 2000
Web posted at: 5:04 p.m. EDT (2104 GMT)

SEATTLE -- (CNN) A Seattle pharmacist filed the nation's first federal discrimination lawsuit against an employer for failing to cover contraceptives in its health plan.

Jennifer Erickson, 26, said she was shocked when she found out her company, Bartell Drug Co., did not cover birth control in its health plan.

Her lawsuit describes contraception as a basic heath care need for women and says failing to provide it amounts to sexual discrimination under Title VII of the Civil Rights Act. Erickson intends to seek class-action status for the lawsuit to include her female co-workers. The lawsuit asks the court to order the company to cover contraceptives.

At a news conference Wednesday, Erickson said it was frustrating to have to turn away women whose health insurance covered pregnancy and abortion, but not birth control.

	LEGAL RESOURCES
Latest Legal News
Law Library
FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

"There are 60 million women of childbearing age in this country and I am standing up for them too," Erickson said.

Roberta Riley, Erickson's lead attorney, said she hopes other women will file lawsuits in other districts.

"This is the first, but it won't be the last case," Riley said. "A victory in this case would clearly provide a precedent for all American women."

Bartell Drug's chief financial officer, Jean Bartell Barber, said no health plan can cover every medical cost. She said the coverage is free to employees and does a good job of covering most costs.

Bartell's health plan does not cover contraceptives unless prescribed for medical conditions that aren't related to birth control, and it does not cover the anti-impotence drug Viagra, infertility drugs, drugs for weight loss or immunization agents.

"We strongly believe that our program is lawful and nondiscriminatory," Barber said.

Erickson says many women who come to her pharmacy for birth control pills cannot afford them because many employee health plans do not cover pills

Bartell Drug Co. has 48 stores in the Seattle area and is the oldest family-owned drugstore chain in the United States.

Women's groups have lobbied for years for laws requiring health plans to cover prescription contraceptives.

In 1998, Congress required that health plans for federal employees cover birth control.

Only 13 states require certain heath plans to include contraceptives: California, Connecticut, Delaware, Georgia, Hawaii, Iowa, Maine, Maryland, Nevada, New Hampshire, North Carolina, Rhode Island and Vermont.

Riley said Erickson filed a federal lawsuit to reach beyond state borders.

"A woman's right to be free from sex discrimination should not depend on what state she lives in," Riley said.

Judy Appelbaum, vice president of the National Women's Law Center, said Erickson was the first woman to pursue a case in federal court on the issue.

"We believe there are more women waiting in the wings," she said.

Appelbaum hopes the lawsuit will require companies like Bartell to cover contraceptives in their health plan and lead other companies to do so voluntarily.

The Associated Press contributed to this report.

For more LAW news, myCNN.com will bring you news from the areas and subjects you select.

Planned Parenthood Federation of America
Cover My Pills.org
Bartell Drugs

Note: Pages will open in a new browser window

External sites are not endorsed by CNN Interactive.