Center for Reproductive Rights Statement On 8th Circuit Ruling that Employers Don’t Have to Cover Contraceptives in Health Plans
New York, NY – Yesterday, the U.S. Court of Appeals for the Eighth Circuit ruled that the country’s largest railroad, Union Pacific, is not discriminating against women by excluding coverage for prescription contraceptives in its health plan and therefore, is not required to do so. The ruling specifically addresses Union Pacific’s health plan policy, which affects its employees across the country, but it is also likely to be persuasive in courts outside of the Eighth Circuit. The Center for Reproductive Rights issued this statement in response:
“The Center for Reproductive Rights is stunned and extremely troubled by the Eighth Circuit’s ruling which, in effect, opens the door for companies across the country to discontinue or to exclude contraceptive coverage for women. Since 1978, federal law has required equal treatment for women affected by pregnancy, childbirth or related medical conditions for all employment purposes. As one of the dissenting judges on the appeals court recognized, women are ‘uniquely and specifically disadvantaged’ by Union Pacific’s failure to cover contraceptives because only women can become pregnant. Ironically, the railroad does cover some preventive medications used only by men as well as Rogaine for hair loss and Viagra for male sexual dysfunction. For the court to defend such a health policy is not only an affront to American women, but a major setback for women’s health.” ,