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ACLU Takes Action Against Marathon County Seeking Insurance
Coverage of Employee's Birth Control Needs
December 16, 2003
The American Civil Liberties Union of Wisconsin Foundation and cooperating
counsel Steve Robinson of Wausau and Rebecca Salawdeh, of the Milwaukee
law firm of Urban, Taylor & Stawski, have initiated a discrimination
complaint with the Wisconsin Equal Rights Division on behalf of an employee
of Marathon County, because the County’s employee health insurance
plan covers most prescription drugs but does not cover prescription contraceptives.
“Both state and federal employment discrimination laws prohibit
the exclusion of contraceptives from an otherwise comprehensive prescription
drug benefit,” said Chris Ahmuty, Executive Director of the ACLU
of Wisconsin. “In addition to being illegal, such an exclusion 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.”
Lower federal courts and the federal Equal Employment Opportunities
Commission have concluded that excluding birth control from otherwise
comprehensive drug coverage is a form of sex discrimination, because such
an exclusion harms women but not men, who cannot become pregnant or prevent
pregnancy with prescription contraceptives. Similarly, State Attorney
General Peg Lautenschlager recently concluded that Wisconsin law prohibited
“discrimination against individuals who are trying to prevent pregnancy,
if employers provide prescription coverage for drugs designed to prevent
other health conditions.”
Although many employers have voluntarily elected to cover prescription
contraceptives, Marathon County has thus far resisted extending this benefit
to its employees, despite requests from employees and family planning
advocates. Mr. Ahmuty said that the ACLU would pursue the complaint filed
today through the appropriate state agencies and courts to vindicate the
right to equal treatment for female employees of Marathon County.
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.
See the Press Release on the decision on this case here.
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