The Equal Employment Opportunity Commission (EEOC) issued a Commission Decision on December 14, 2000, ruling that employers that exclude coverage of prescription contraceptives from their employers health plans, when other prescription drugs and devices are covered, are engaging in unlawful sex discrimination under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978 that is incorporated into Title VII. This decision was reinforced by the U.S. District Court, Western District's ruling on June 12, 2001, in Erickson v. The Bartell Company.
As a result of this decision, the Union requests that (insert name of employer) provide the Union with information on the extent of contraceptive coverage, if any, available through each of the health plans offered to (insert name of employer) employees represented by the Union. This information is needed to ensure that (insert name of employer) does not discriminate against employees with regard to contraceptive coverage.
If (insert name of Employer)'s health plans do not offer contraceptive coverage in accordance with this decision, the Union intends to request such coverage.
This coverage can be extended to employees with little or no additional cost. A recent study by consulting actuaries from Buck Consultants found that the estimated cost of adding contraceptive coverage to health plans was $1.43 per month per month per employee. These costs may be more than offset by savings due to a reduced number of pregnancies.
We would like to meet with you to discuss this issue at your earliest convenience.