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CNN Live At Daybreak
Women Discuss Landmark Ruling on Women's Right to Have Contraception Covered by Employers' Health Care Plans
Aired June 13, 2001 - 07:46 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
COLLEEN MCEDWARDS, CNN ANCHOR: A 27-year-old pharmacist was concerned about her customers. She was frustrated that they had to pay for their birth control pills because their employer's health plans didn't cover them.
CNN's James Hattori reports on how the pharmacist's concern led to a landmark court ruling.
(BEGIN VIDEOTAPE)
JAMES HATTORI, CNN CORRESPONDENT (voice-over): In a first of its kind federal case, Bartell Drugs, a family-owned chain of 50 stores in the Seattle area, has been ordered to order contraceptives for women employees in its health insurance plans. The lawsuit, which contended the company violated civil rights protection under the Pregnancy Discrimination Act was brought by a 27-year-old pharmacist for Bartell, Jennifer Erickson.
JENNIFER ERICKSON, PLAINTIFF: I'm extremely pleased with this decision, and I wanted to encourage all employers and insurance companies across America to provide equitable health benefits.
HATTORI: In his decision, U.S. District Judge Robert Lasnik wrote that while Bartell's health plan, quote, "covers almost all drugs and devices used by men, the exclusion of prescription contraceptives creates a gaping whole in the coverage offered to female employees."
Erickson is represented by Planned Parenthood. National women's groups who have for years been pushing companies to include insurance coverage for contraceptives call this a huge step forward.
ROBERTA RILEY, PLANNED PARENTHOOD: This decision directly helps the employees at Bartell Drugs, but we believe it also sets a very important legal precedent that can help other women in other companies to get the contraceptive coverage that they need.
HATTORI: Officials at Bartell Drugs maintain their health plan is generous and not discriminatory, arguing in court that contraceptives are voluntary, preventative, and not treatment for an illness or a disease. Bartell will comply with the order, though it's still considering an appeal of the ruling. JEAN BARTELL BARBER, CFO, BARTELL: Well, there is no question we are used as an example. They have been trying to get a company to make a stand.
HATTORI: According to the Kaiser Family Foundation, 60 percent of U.S. workers with conventional medical plans and 87 percent of those using HMOs have some sort of coverage for contraceptives. Congress mandates it for all federal employees. Women's rights advocates say this latest ruling will help close the coverage gap that remains.
James Hattori, CNN, San Francisco.
(END VIDEOTAPE)
MCEDWARDS: Here now to talk about this most interesting suit is the plaintiff, Jennifer Erickson, and her attorney, Roberta Riley.
Good morning, thank you both for being here.
ROBERTA RILEY, JENNIFER ERICKSON'S ATTORNEY: Good morning.
JENNIFER ERICKSON, PHARMACIST: Good morning.
MCEDWARDS: Jennifer, let me start with you. We heard you say in the piece that you're pleased, but explain what you saw in your drugstore every day that made you decide to take it this far?
ERICKSON: Well, being a pharmacist, you know, I fill prescription for the women that I work with, and they're frustrated by the fact that a company that provides health care for people can't provide what the women employees need. And also I'm telling customers all day long that their pills aren't covered as well. So it's not that hard to do something about it.
MCEDWARDS: Was it tough, though, to actually go after the company you work for?
ERICKSON: It's always a little intimidating to do that, but I have a good lawyer.
RILEY: And she's been treated well.
ERICKSON: Yes.
MCEDWARDS: Well, let's talk to her. Roberta, why does not paying for birth control pills constitute discrimination?
RILEY: Only women get pregnant, and pregnancy has profound physical, emotional, and economic consequences for women, and the law recognizes that. That's why it's sex discrimination.
MCEDWARDS: So does that mean -- let's try to follow the logic a bit, if we can -- does that mean a man shouldn't have to pay for, say, condoms -- they're not prescription, I know -- but what about a vasectomy or something? How far does this go? RILEY: Well, clearly we encourage all forms of pregnancy prevention. Condoms are over-the-counter, and over-the-counter items have never been the subject of insurance coverage. This lawsuit is focused on prescription contraceptives, which only women use.
MCEDWARDS: And is it specific to that particular drug store, or does it set a precedent in terms of other health plans at other companies? Explain that.
RILEY: This case will directly benefit the women who work at Bartell, but it also sets a very important legal precedent, based on a federal law, which could help women across the country to persuade their employers to cover contraception.
Women should go to covermypills.org and get the information they need and the materials they need to approach their own employers and ask for this coverage. We're finding that lost of women are succeeding in getting their companies to change, to cover contraception.
MCEDWARDS: Interesting. And just for the record, I want to point out that the company CFO did issue a statement -- and let's just have a bit of that -- saying that "It was never our intention to discriminate. We had planned to offer contraceptive coverage well before this judgment." That's from the company's CFO.
Roberta, the company goes on to say that they actually started offering unionized employees this kind of benefit.
RILEY: Just very recently, yes, they did.
MCEDWARDS: OK. Why not negotiate with the company? Why did you feel you had to go to the courts?
RILEY: We did negotiate with the company. We tried very hard to negotiate with this company, and they refused our offer. So it took this court decision to bring this about.
MCEDWARDS: Jennifer, the last word to you. What are you hoping your efforts will mean to other women in the United States?
ERICKSON: Hopefully, what we accomplish will inspire other women also to go to the Web site, covermypills.org, and also to approach their employers to try to get their contraception covered.
MCEDWARDS: Jennifer Erickson, Roberta Riley, thank you both.
RILEY: Thank you.
ERICKSON: Thank you.
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