News Release

Contacts: In Seattle, Jennifer Hahn at (206) 465-1931; Embargo: July 19, 2000
National media, call Douglas Gould & Co. (914) 833-7093 10:00 A.M. PDT

Employers’ Refusal to Provide Insurance Coverage for Contraceptives Unlawful and Unfair

July 19, 2000 - Seattle, WA -- In an unprecedented legal strategy that may affect the lives of millions of women across the United States, Planned Parenthood of Western Washington (PPWW) and Planned Parenthood Federation of America (PPFA) filed a class action lawsuit in federal court in Seattle today. The case, brought under Title VII of the Civil Rights Act, sues an employer who provides a private insurance plan that does not pay for contraceptives. The lawsuit asks the court to order the health plan that Bartell Drug Co. provides its employees to include coverage for prescription contraceptives.

Erickson v. Bartell Drug Co. is a landmark lawsuit that contends it is sex discrimination for a private employer to exclude prescription contraception services from a health insurance plan that covers other prescription drugs. Such exclusion singles out women and forces them to pay for basic and essential health care from their own pockets, or risk unplanned pregnancies.

The first-of-its-kind suit was filed by Jennifer Erickson, a pharmacist at Bartell Drug Co. in Seattle. Ms. Erickson, who is being represented by PPWW and PPFA, is bringing the lawsuit on her own behalf, and on behalf of all other non-union female employees at her company. Her employer, Bartell Drug Co., a large, self-insured employer with 45 drugstores in the state of Washington, has more than $135 million in annual revenues.

The Erickson case was filed under a federal law known as Title VII of the Civil Rights Act. The law prohibits employers with 15 or more employees from making decisions – including decisions about health care benefits – on the basis of gender or pregnancy, or for other discriminatory reasons. In her case, Ms. Erickson states that prescription contraception is a basic health need, but her current insurance fails to pay for her prescription. Since women are the sole users of prescription contraceptives, the employer’s refusal to cover them constitutes sex discrimination.

According to Gloria Feldt, President of Planned Parenthood Federation of America, the American public overwhelmingly supports contraceptive use because they understand it prevents unintended pregnancy and reduces the number of abortions. Ms. Feldt said that the failure of employers to provide coverage is an issue of gender equity.

"It is sex discrimination when male employees get their basic health care needs covered by insurance, but women are forced to pay for theirs," said Ms. Feldt.

Legal Remedy Sought to Prevent Employers’ from Skirting Coverage

Thirteen states have laws that require contraceptive coverage, but Washington is not among them. But even these laws are not fully adequate and do not apply to self-insured companies. Federal legislation has been introduced in Congress that would require all health plans nationwide to cover contraception, but it has stalled in committee despite substantial bipartisan support. This suit, and other suits in formation around the country, would establish equity in basic health coverage for millions of American women using federal anti-discrimination law.

Prior to this filing, Seattle-based industry giant Microsoft responded to requests to change its insurance plan to offer prescription coverage. Additionally, one of the nation’s largest unions, the Screen Actors Guild, has done the same.

The plaintiff is asking the court to order Bartell’s to begin immediately covering all FDA-approved methods of contraception in the health insurance plan offered to employees. "This lawsuit is about fairness – not just for me – but also for millions of American women like me who are being discriminated against," she said.

Ms. Erickson, who is 26 years old and married, said she would like to have children some day, but is not ready yet. She believes that it is not fair that she has to pay over $300 per year for prescription contraceptives, even though she has health insurance. Her position in the health care industry has enabled her to witness this discrimination first-hand. She has grown increasingly troubled when she has to tell female customers that their health insurance does not cover one of their most basic and fundamental health care needs. All female employees at Bartell Drug are subject to the same discriminatory insurance coverage.

"As a pharmacist, I see firsthand that contraceptives are central to women's health care," said Ms. Erickson. "That's why I'm taking this stand against the unfair singling out of contraception from insurance."

Polls Show Public Support for Contraceptive Use and Coverage

A recent nationwide poll of privately insured adults revealed that 73 percent support coverage of full contraceptive services in their health insurance plans, even if it would increase their own costs by $5 per month (Princeton Survey Research for Kaiser Family Foundation). Nonetheless, many private health plans in the U.S. still do not provide the coverage. According to the most comprehensive study of this issue, half of all traditional indemnity plans do not cover oral contraceptives or condoms. Even among HMOs, which offer the most comprehensive contraceptive coverage, 7 percent do not cover prescription contraceptives and only 39 percent cover all five types of contraception.

Roberta Riley of PPWW, the lead attorney in the case, stressed that the courts must reverse blatantly unfair and discriminatory policies. She noted the historic nature of the suit, explaining that it was filed on behalf of the 60 million American women who are of reproductive age.

"This is truly a landmark occasion," said Ms. Riley. "Until today, no one has asked the court to stop this discrimination that blocks women’s access to basic health care."

Planned Parenthood counsel will establish that it is illegal sex discrimination for this employer to single out prescription contraception from its employee health plans. "A victory in this case will directly benefit Bartell’s employees and set legal precedent for all women," said Ms. Riley.

Contraception is Basic Health Care for Women

All of those bringing the lawsuit pointed out that contraception is a basic health care need. Seven in 10 American women in their childbearing years are sexually active and do not wish to become pregnant. Without insurance coverage, however, some women use less effective and less reliable contraceptive methods, risking more unplanned pregnancies.

Providing full contraceptive coverage in employee health plans would not be expensive. According to the Alan Guttmacher Institute, providing such coverage would cost employers $21.40 per employee per year, if employers paid the full cost of coverage.

Recent studies have also shown that contraception is critical to improving maternal and child health. The United States has alarmingly high infant mortality and low-birthweight rates, both of which are associated with unintended conception. Women who carry unintended pregnancies to term are less likely than other women to receive adequate prenatal care, resulting in greater risks to their health and poorer birth outcomes.

Ms. Erickson is represented in this case by Roberta Riley, Planned Parenthood of Western Washington; Eve Gartner, Planned Parenthood Federation of America; and the Seattle law firm of Keller Rohrback. The National Women’s Law Center is of counsel on the case.

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Planned Parenthood� of Western Washington has 17 medical clinics providing reproductive health services to more than 58,000 men and women throughout Western Washington.

Planned Parenthood� Federation of America is the world's largest and most trusted voluntary family planning organization. It is comprised of 129 affiliates that operate 875 health centers nationwide, which serve nearly five million Americans annually.

The National Women’s Law Center is a non-profit organization based in Washington, DC that has been working since 1972 to advance and protect women’s legal rights.

For more information online, please visit www.plannedparenthood.org or www.covermypills.org.

Seattle media, contact Jennifer Hahn at (206) 465-1931 or Marilyn Knight at (206) 328-7735; National media, call Douglas Gould & Co. (914) 833-7093.

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