Bartell Drugs Fair Prescription Coverage

Keller Rohrback L.L.P. was proud to represent the Plaintiff class in Erickson v. Bartell Drug Co. In the landmark opinion issued in that case, Erickson v. Bartell Drug Co., 141 F.Supp.2d 1266 (W.D. Wash. 2001), Judge Robert Lasnik held that when an otherwise extensive health plan covers almost all drugs and devices used by men, the exclusion of prescription contraceptives creates a “gaping hole in the coverage offered to female employees, leaving a fundamental and immediate healthcare need uncovered.” Id. at 1277. Therefore, “Title VII requires employers to recognize the differences between the sexes and provide equally comprehensive coverage, even if that means providing additional benefits to cover women-only expenses.” This monumental decision has paved the way for the implementation of non-discriminatory prescription coverage in employee benefit plans nationwide.

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