The basis for the EEOC decision is somewhat unusual, for the decision is based on the theory that excluding contraception from insurance coverage constitutes pregnancy discrimination, rather than simply sex discrimination. However, sex discrimination law alone, as I will explain, provides a strong alternative basis for the decision. Most women do not have insurance coverage for birth control. Indeed, studies estimate that two-thirds of large group insurance plans do not provide any coverage for oral contraceptives, the most commonly used reversible method of birth control, and nearly half do not cover any prescription contraceptive drug or device.
Many plans do, however, cover surgical sterilization for both men and women.
There are, however, other federal and state laws governing the content of insurance plans. Federal law, for example, requires that insurance plans covering federal employees provide contraceptive coverage. Since 1998, thirteen states have passed legislation mandating benefits for prescription birth control, and one more introduced similar legislation in the last two weeks. In those states, covered insurance plans must provide coverage for prescription contraceptives, regardless of what federal law requires. But these state laws are sometimes controversial, facing opposition from those who complain of the increase in cost and concomitant lessening of access to insurance.