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For Immediate Release: Monday, August 21, 2006
Contact:
NWLC Applauds Commission’s Action
(
Responding to a Jan. 6, 2006, request from the National Women’s Law Center and a coalition of two dozen women’s and civil rights organizations in Michigan, the Commission voted unanimously to issue a ruling that employers that exclude prescription contraceptives from their health plans when other prescription drugs and devices are covered violate the prohibition against sex discrimination in Michigan’s Elliot-Larson Civil Rights Act.
“Today, victory is achieved today for women’s health and women’s rights,” said NWLC Co-President Marcia Greenberger. “Prescription contraceptives are a critical part of women’s health care. Employers’ failure to provide contraceptives while covering other prescriptions is sex discrimination, plain and simple.”
The Michigan ruling parallels and relies on a ruling of the U.S. Equal Employment Opportunity Commission in 2000 under federal law, issued in response to a request from an NWLC-led coalition of more than 60 national health care, women’s, civil rights and other groups. The EEOC held that the exclusion of prescription contraceptives from an otherwise comprehensive employer health plan violates Title VII of 1964 Civil Rights Act, which prohibits sex discrimination, including pregnancy discrimination, in the workplace. That ruling has since been followed by several federal courts. And extensive data has shown that adding contraceptive coverage to employee health plans actually saves money for employers. NWLC has collected that data: http://www.nwlc.org/pdf/ContraceptiveCoverageSavesMoneyMay06.pdf
Because Title VII covers only those employers with 15 or more employees, further protections and laws at the state level, such as Michigan’s civil rights law, which covers all employers with one or more employees, are critical to ensuring that all employers treat women fairly. In addition,
Authorities in other states –
“The Michigan Civil Rights Commission’s ruling is very clear,” Greenberger said. “Employers in
NWLC is in the forefront of the effort to secure contraceptive coverage for women across the country. The Center leads federal and state coalitions, litigates landmark cases, speaks out for state and federal legislation, helps individuals advocate for coverage in their health plans, and publishes materials explaining the rights women have under federal and state law. For more information, see “Coverage of Contraceptives in Health Insurance: The Facts You Should Know,” at http://www.nwlc.org/pdf/022406_ContraceptiveCoverageBackgrounder.pdf
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