Erickson v. Bartell Drug Co.

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

LASNIK, District Judge.

The parties’ cross-motions for summary judgment in this case raise an issue of first impression in the federal courts’ whether the selective exclusion of prescription contraceptives from defendant’s generally comprehensive prescription plan constitutes discrimination on the basis of sex. 1 In particular, plaintiffs assert that Bar-tell’s decision not to cover prescription contraceptives such as birth control pills, Norplant, Depo-Provera, intra-uterine devices, and diaphragms under its Prescription Benefit Plan for…