Berry Moorman

Your Employee Health Care Plan and the EEOC Announcement

Your Employee Health Care Plan and the EEOC Announcement

Your Employee Health Care Plan and The U.S. Equal Employment Opportunity Commission (EEOC) Announcement

For more than a year, the EEOC has maintained the position that the Pregnancy Discrimination Act requires an employer-sponsored health care plan to cover prescription contraceptives (available to women only). This position has been upheld by one Federal Court, despite vigorous objections by the employer that this omission in its health care plan coverage was not discriminatory. The EEOC will, if the opportunity presents itself, examine your prescription drug coverage to determine whether prescription contraceptives are available and, if they are not, will insist on a correction. This can be accomplished either by terminating prescription drug coverage entirely or by changing the plan to meet this coverage requirement.

If you (or your insurance company) have not already made this change in your prescription drug plan, we advise that you do so now.