Erickson v. Bartell Drug Co.

March 4, 2003

Nature of Case:

Class action lawsuit in a federal district court in Seattle against an employer who provides a private health plan that does not pay for contraceptives as part of its prescription drug plan. The suit, brought by a pharmacist of Bartell Drug Company who was represented by Planned Parenthood of Western Washington, contends that it is sex discrimination under Title VII of the Civil Rights Act of 1964 to exclude contraceptives from an otherwise comprehensive employee health plan because it singles out women and forces them to pay for basic and essential health care from their own pockets or risk unplanned pregnancies.

Holding:

The Seattle federal court ruled in June 2001 that not including prescription contraceptives in insurance coverage was sex discrimination and ordered Bartell Drug Company to include prescription contraceptive coverage in its health plan. Judge Robert Lasnik found that Bartell's plan discriminates against its “female employees by providing less complete coverage than that offered to male employees.” “ Although the plan covers almost all drugs and devices used by men,” he wrote, “the exclusion of prescription contraceptives creates a gaping hole in the coverage offered to female employees, leaving a fundamental and immediate health-care need uncovered.”

Settlement:

In March 2003, Bartell Drug Company agreed to a settlement. Under the settlement, Bartell agreed to cover prescription contraceptives and related clinical services for its employees and to reimburse employees for previous expenditures on contraceptive drugs and devices.