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Steven H. Schwartz & Associates, P.L.C.

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Prescription Contraceptives

Schipper | 01 November, 2006 12:11

The Michigan Civil Rights Commission recently issued a ruling that declares an employer may not exclude prescription contraceptive drugs from a health plan that covers other prescription drugs. The MCRC deems the selective exclusion of prescription contraceptives to be gender discrimination and to disproportionately affect women. It should be noted that the MCRC's rulings are not law, however, courts may rely on such rulings as persuasive in their determination of discrimination. The federal Equal Employment Opportunity Commission issued a similar ruling in the past, and some federal district courts did rely heavily on the EEOC's ruling in their opinions, which found that employers that exclude prescription contraceptives from their otherwise comprehensive drug plan discriminate on the basis of gender.


In order to comply with the MCRC's order, employers must provide for prescription contraceptives in their employer healthcare plan.

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