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Exclusion of Birth Control From Health Insurance
Coverage
Violates State Laws Against Sex Discrimination
FOR IMMEDIATE RELEASE
September 12, 2006
Three Marathon County employees have won the right to health insurance
coverage for prescription contraceptives. On September 8, 2006,
an Administrative Law Judge in the Wisconsin Equal Rights Division concluded
that “Marathon County violated the Wisconsin Fair Employment Act
when it excluded from coverage, under its employee health insurance plan,
prescription contraceptives, except when medically necessary.” The
decision requires the County to pay for the women’s prescription
contraceptives and to pay the attorneys fees and costs of the litigation.
Larry Dupuis, the ACLU of Wisconsin’s legal director said, “Judge
Gary Olstad’s decision is consistent with the rulings of lower
federal courts and the federal Equal Employment Opportunities Commission
in concluding that excluding birth control from otherwise comprehensive
drug coverage is a form of sex discrimination. Such an exclusion harms
women, who bear the physical burdens of an unplanned pregnancy, but not
men, who do not bear those burdens. The decision also builds on
the recent opinion by the Wisconsin attorney general that the Wisconsin
Fair Employment law forbids discrimination against individuals who take
contraceptives to prevent pregnancy.”
As Judge Olstad’s decision logically explained: “Pregnancy
is a medical condition. . . . Only women can become pregnant. Contraceptives
are prescribed primarily to prevent pregnancy. [Marathon County’ prescription
drug plan] includes coverage for sundry prescription medications designed
to prevent various medical conditions but excludes prescription contraceptives. .
. . [F]ailure to provide prescription contraceptives, while, at the same
time, providing other prescription medications of a preventive nature,
constitutes discrimination because of gender with respect to compensation
within the meaning of the Wisconsin Fair Employment Act.”
“Family planning is essential to all women, including working
women,” said Brenda Burnett, one of the county employees in the
case. “I hope that other employers will recognize the unfairness
of excluding contraceptives from coverage without the need to resort
to the legal process.”
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, the Marathon County employees in the
case leading to the ALJ’s decision. -end-
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