Union Pacific Victory
In re: Union Pacific Railroad Employment Practices Litigation
Like the Erickson case, this class action lawsuit was brought under Title VII of the Civil Rights Act of 1964. Title VII prohibits employers (with 15 or more employees) from making employment decisions - including the decision about what health care benefits to offer - on the basis of sex or pregnancy or for other discriminatory reasons.
THE COURT
The case was decided in the U.S. District Court of Nebraska on July 22, 2005. Judge Lauri Smith Camp presided.
THE CLAIM
Union Pacific's policy of excluding coverage for prescription contraception from a comprehensive employee health plan constitutes sex discrimination in violation of Title VII. This practice singles out women, who are the sole users and sole beneficiaries of prescription contraception. Forcing women either to use their own money to buy prescription contraception or face the risk of pregnancy is sex discrimination.
THE RELIEF SOUGHT
Plaintiffs asked the court to order their employer to cover all FDA-approved methods of prescription contraception and related medical services in the health benefits plan offered to them as employees. Plaintiffs also sought reimbursement for back benefits and interest for the amounts expended on contraception, plus attorneys' fees.
THE PLAINTIFF CLASS
Brandi Standridge and Kenya Phillips, Union Pacific labor agreement employees, and the class approved by the court, defined as "all females employed by Union Pacific Railroad Company after February 9, 2001 enrolled in one of the agreement plans who used prescription contraception at least in part for the purpose of preventing pregnancy without insurance reimbursement from the plan." In the Union Pacific case, a small percentage of women received coverage for contraception for non-contraceptive purposes, ironically, the only reason the company was covering it.
THE LEGAL TEAM
Roberta Riley and Kelly Reese, counsel and staff attorneys for Planned Parenthood of Western Washington. Co-counsel, David Copley and Claire Cordon from Keller Rohrback, LLP in Seattle, Missouri attorneys Rex Sharp, Rick Holtsclaw, Sly James and Michael Schleich, of the Omaha-based law firm Fraser Stryker.
- The 7/22/2005 court Decision
Like the Erickson case, this class action lawsuit was brought under Title VII of the Civil Rights Act of 1964. Title VII prohibits employers (with 15 or more employees) from making employment decisions - including the decision about what health care benefits to offer - on the basis of sex or pregnancy or for other discriminatory reasons.
THE COURT
The case was decided in the U.S. District Court of Nebraska on July 22, 2005. Judge Lauri Smith Camp presided.
THE CLAIM
Union Pacific's policy of excluding coverage for prescription contraception from a comprehensive employee health plan constitutes sex discrimination in violation of Title VII. This practice singles out women, who are the sole users and sole beneficiaries of prescription contraception. Forcing women either to use their own money to buy prescription contraception or face the risk of pregnancy is sex discrimination.
THE RELIEF SOUGHT
Plaintiffs asked the court to order their employer to cover all FDA-approved methods of prescription contraception and related medical services in the health benefits plan offered to them as employees. Plaintiffs also sought reimbursement for back benefits and interest for the amounts expended on contraception, plus attorneys' fees.
THE PLAINTIFF CLASS
Brandi Standridge and Kenya Phillips, Union Pacific labor agreement employees, and the class approved by the court, defined as "all females employed by Union Pacific Railroad Company after February 9, 2001 enrolled in one of the agreement plans who used prescription contraception at least in part for the purpose of preventing pregnancy without insurance reimbursement from the plan." In the Union Pacific case, a small percentage of women received coverage for contraception for non-contraceptive purposes, ironically, the only reason the company was covering it.
THE LEGAL TEAM
Roberta Riley and Kelly Reese, counsel and staff attorneys for Planned Parenthood of Western Washington. Co-counsel, David Copley and Claire Cordon from Keller Rohrback, LLP in Seattle, Missouri attorneys Rex Sharp, Rick Holtsclaw, Sly James and Michael Schleich, of the Omaha-based law firm Fraser Stryker.
