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An EEOC ruling released December 13 holds that an employer medical plan that excludes contraceptives violates the Pregnancy Discrimination Act and Title VII of the Civil Rights Act. The ruling came in a complaint by two employees against an unidentified employer. The Commission ruled that exclusion of prescription contraceptives for birth control discriminated on the basis of a woman's ability to become pregnant when the plan covered other preventive measures like immunizations and blood pressure medicine. It also noted that because contraceptives may be prescribed for women to alleviate other medical conditions, a plan that covers prescription drugs generally but excludes contraceptives discriminates against women on the basis of gender.
Even though both laws have been on the books for decades, this is the first time that the EEOC has ruled that they require coverage of contraceptives in a medical plan. In fact, the EEOC's Compliance Manual section on employee benefits, just released in October, discusses the application of both laws to employer medical plans without mentioning coverage of contraceptives. Nor has any court yet adopted its position, although there are pending cases urging the same interpretation. Because there has been no clear federal law on this issue, over a dozen states have adopted laws requiring insured health plans that cover prescription drugs to also cover contraceptives. Those laws do not apply to self- insured employer plans - although the EEOC's reasoning would.
Many employers already cover contraceptives in their health plans, especially in HMO plans. Those that do not should consider how to respond to this ruling. The courts have not always adopted the EEOC's positions in the past, so it is not clear that all employers will have to cover contraceptives immediately. However, employers with insured plans should make sure that their insurers are prepared to offer contraceptive coverage. Self-insured employers would also be covered by the EEOC's ruling (unlike state laws), and should also review the cost of providing this additional coverage.
Links to the EEOC's recent ruling and a press release announcing it are below.
http://www.eeoc.gov/docs/decision-contraception.html
http://www.eeoc.gov/docs/qanda-decision-contraception.html
http://www.eeoc.gov/press/12-13-00.html
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