ACLU Applauds Lautenschlager Contraceptive Equity Opinion

August 16, 2004

Today, the American Civil Liberties Union of Wisconsin applauded Wisconsin Attorney General Peggy Lautenschlager's release of a formal opinion stating that Wisconsin law prohibits employers from excluding prescription contraceptives from coverage in comprehensive health insurance plans.

The ACLU of Wisconsin is representing three Marathon County women in a discrimination complaint over their employer's denial of contraceptive coverage before the Wisconsin Equal Rights Division. "Our lawyers have argued that both state and federal law prohibit the denial of this important coverage for women. We're not surprised that Attorney General Lautenschlager's formal opinion confirms our position," said Chris Ahmuty, Executive Director of the ACLU of Wisconsin. "We are confident that we will prevail in our current complaint and that women employees across the state will benefit from it," Ahmuty continued.

"In addition to being illegal, excluding prescription contraceptives makes little sense as a matter of public health policy. It is more effective and less expensive to cover products that prevent an unplanned pregnancy than to cover the costs of prenatal care and delivery or termination of the pregnancy," Ahmuty added.

"A growing number of Wisconsin employers have voluntarily elected to cover prescription contraceptives. The Attorney General's formal opinion should make it clear to more employers, that now is the time to revise their benefits programs to treat women employees fairly," Ahmuty concluded.

The American Civil Liberties Union of Wisconsin is a citizen organization that defends the civil liberties of all Wisconsin residents. It is the state affiliate of the American Civil Liberties Union.