West Case Update

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Exclusion of Contraceptive in Prescription Plan for Employees Is Sex Discrimination

Description Court held that for an employer to not include prescription contraceptives in a prescription plan offered to employees as a benefit of employment is a violation of the Pregnancy Discrimination Act because it discriminates against women in a manner related to pregnancy.

Topic Employment Discrimination

Key Words Pregnancy Discrimination; Prescriptions

C A S E S U M M A R Y

Facts Jennifer Erickson sued her employer, Bartell, for violating the Pregnancy Discrimination Act because its prescription plan for employees excluded contraceptives such as birth control pills. Both parties moved for summary judgment.

Decision Motion granted to Erickson. The exclusion of prescription contraceptives from a comprehensive prescription drug plan offered by an employer discriminated against female employees on the basis of sex, and thus violated the Pregnancy Discrimination Act. Gender equality under Title VII is measured by evaluating the relative comprehensiveness of coverage offered to the sexes. Employers are not required to provide prescription benefits to employees, but when they do, the benefits must not be discriminatory.

Citation Erickson v. Bartell Drug Company, C F.Supp.2d C (2001 WL 649651, W.D., Wash., 2001)

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Exclusion of Contraceptive in Prescription Plan for Employees Is Sex Discrimination
Description	Court held that for an employer to not include prescription contraceptives in a prescription plan offered to employees as a benefit of employment is a violation of the Pregnancy Discrimination Act because it discriminates against women in a manner related to pregnancy.
Topic	Employment Discrimination
Key Words	Pregnancy Discrimination; Prescriptions
C A S E S U M M A R Y
Facts	Jennifer Erickson sued her employer, Bartell, for violating the Pregnancy Discrimination Act because its prescription plan for employees excluded contraceptives such as birth control pills. Both parties moved for summary judgment.
Decision	Motion granted to Erickson. The exclusion of prescription contraceptives from a comprehensive prescription drug plan offered by an employer discriminated against female employees on the basis of sex, and thus violated the Pregnancy Discrimination Act. Gender equality under Title VII is measured by evaluating the relative comprehensiveness of coverage offered to the sexes. Employers are not required to provide prescription benefits to employees, but when they do, the benefits must not be discriminatory.
Citation	Erickson v. Bartell Drug Company, C F.Supp.2d C (2001 WL 649651, W.D., Wash., 2001)