Sen. Mitch McConnell will stay on as chair for the Foreign Operations subcommittee. The EEOC concluded that an employer's failure to provide insurance coverage for prescription contraceptives when it also covers other prescription drugs constitutes unlawful sex discrimination under the Pregnancy Discrimination Act and Title VII of the Civil Rights Act of 1964 . The decision directly affects only two women who complained to the commission but it has implications for millions of others whose health plans exclude prescription contraceptives. In addition, the law protects women from discrimination because they have the ability to become pregnant and not just because they are already pregnant. Insurance companies argue that they are willing to include coverage for contraceptives if employers are willing to pay for it.
Some employers do but others maintain that it is too costly.
Congress specified that cost is not a defense. The EEOC further maintained that several studies have found the cost is actually minimal. While the decision is officially binding only on the employers of the individuals who brought the case, and is not legally binding on courts, the EEOC ruling sets an important precedent for requiring health insurance plans to cover prescription contraceptives to the same extent that they cover other prescription drugs. Courts have in the past shown deference to EEOC decisions. For more details visit the Equal Employment Opportunity Commission's website.