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Bioethics Keyed to Clark, 9th Ed.
Erickson v. The Bartell Drug Company
Citation:
141 F. Supp. 2d 1266 (2001)Facts
Bartell Drug Company offered its non-union employees a self-insured prescription benefit plan that covered most prescription drugs, including preventative medications such as blood-pressure and cholesterol-lowering drugs, hormone replacement therapies, and prenatal vitamins. However, the plan specifically excluded coverage for contraceptive devices, along with certain other medications like weight reduction drugs and infertility treatments. Jennifer Erickson, a female employee enrolled in this plan while using prescription contraceptives, filed a class action lawsuit alleging that this exclusion discriminated against female employees by providing them less comprehensive coverage than that offered to male employees. Bartell argued that the exclusion was permissible because contraceptives are voluntary, preventative, do not treat illness, and that the exclusion of all “family planning” drugs was facially neutral and helped control costs.
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