The Landmark Case

Erickson v. Bartell Drug Co.

• The 6/12/2001 court Decision

The Basis

The class action lawsuit is brought under Title VII of the Civil Rights Act of 1964. Title VII prohibits employers (with 15 or more employees) from making employment decisions - including the decision about what health care benefits to offer - on the basis of sex or pregnancy or for other discriminatory reasons.

THE COURT

The case was filed in the U.S. District Court of Western Washington on July 19, 2000. Judge Robert Lasnik presides.

The Claim

An employer's policy of excluding coverage for prescription contraception from a comprehensive employee health plan constitutes sex discrimination in violation of Title VII. This practice singles out women, who are the sole users of prescription contraception. Forcing women either to use their own money to buy prescription contraception or face the risk of pregnancy is sex discrimination.

The Relief Sought

Plaintiffs in this landmark class action suit are asking the court to order their employer to cover all FDA-approved methods of prescription contraception and related medical services in the health benefits plan offered to them as employees. Plaintiffs are also seeking reimbursement for back benefits and interest for the amounts expended on contraception, plus attorneys' fees.

The Plaintiff Class

Jennifer Erickson, a pharmacy manager at a Seattle-area Bartell Drug store, and the class approved by the court, defined as "all female employees of Bartell who at any time after December 29, 1997 were enrolled in Bartell's Prescription Benefit Plan for non-union employees while using prescription contraception."

THE LEGAL TEAM

Roberta Riley, lead counsel and staff attorney for Planned Parenthood of Western Washington. Co-counsel: Eve Gartner and Donna Lee from Planned Parenthood Federation of America; Marcia Greenberger, Barbara Burr, Judy Appelbaum and Dina Lassow from National Women's Law Center and Lynn Sarko, David Copley and Gretchen Freeman Cappio from Keller Rohrback, LLP in Seattle.
 

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