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For immediate release: March 4, 2003
NWLC Applauds Settlement of Landmark Contraceptive Coverage Case
The National Women's Law Center (NWLC) applauds the announcement today of a settlement agreement in the landmark class action lawsuit Erickson v. Bartell Drug Co., bringing to a close this litigation over employers' insurance coverage of prescription contraceptives. In 2001, the court in this case issued the first-ever ruling that an employer's failure to cover prescription contraceptives in an otherwise comprehensive health insurance plan constitutes sex discrimination. Since then, the case had been on appeal to the Ninth Circuit Court of Appeals, but the appeal was dropped today when the parties reached a settlement agreement. NWLC served as Of Counsel in the case.
The settlement agreement guarantees contraceptive coverage to Bartell employees, compensates employees for some of their past out-of-pocket contraceptive expenses, and withdraws the appeal of the court's landmark June 2001 ruling.
"We are pleased that this important case was resolved and that Bartell's employees' rights to coverage of prescription contraceptives are clear and undisputed," said Marcia D. Greenberger, NWLC Co-President. "As important, this case shows women that the law is on their side. More and more women are coming forward to assert their legal rights to contraceptive coverage - and winning."
"Contraception is a critical part of women's health care needs and must be covered in the same manner as other prescription drugs. Some of the nation's leading companies have taken heed of the Erickson decision and moved to provide more equitable health benefits for their female workers, and we hope others will do the same," said Judith C. Appelbaum, NWLC Vice President for Employment. In Erickson v. Bartell Drug Co., Appelbaum and other NWLC attorneys joined a team led by Roberta Riley of Planned Parenthood of Western Washington. NWLC is currently serving as Of Counsel in a class-action lawsuit against Wal-Mart for its failure to cover prescription contraceptives for female employees.
NWLC is actively working to ensure that female employees know about and exercise their rights to contraceptive coverage. Women seeking more information may visit www.nwlc.org/pill4us or call NWLC's toll-free information line 1-866-PILL4US.
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