U.S. District Court Finds Employer's Failure To Provide Contraceptive Drug Coverage Constitutes Gender Discrimination

On June 12, 2001, the United States District Court for the Western District of Washington granted summary judgment to a class of female employees denied coverage for prescription contraceptives under their employer's prescription drug benefit plan.

In Erickson, Judge Robert S. Lasnik held that an employer's exclusion of female prescription contraceptives (i.e., birth control pills, Norplant, diaphragms, and other preventative devices) from a comprehensive prescription drug plan is per se discrimination under Title VII of the Civil Rights Act ("Title VII"), as amended by the Pregnancy Discrimination Act ("PDA").

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