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Dow Jones Settles EEOC Charges, Agrees to Cover Contraceptives

Employees at the Wall Street Journal and other Dow Jones entities now have prescription birth control coverage in all medical plans the media company offers, the latest victory in The Newspaper Guild-CWA's campaign for contraceptive equity.
Three members of the Independent Association of Publishers' Employees, TNG-CWA Local 1096, had filed suit against Dow Jones with the Equal Employment Opportunity Commission, charging that failing to cover contraceptives was a matter of sex discrimination.

"Fairness dictates that it be covered," TNG-CWA President Linda Foley said. "If all participants' health needs are going to be treated equally in a health plan, that has to include contraceptive coverage."

The EEOC ruled in 2000 that excluding contraceptives from health plans violates the 1978 Pregnancy Discrimination Act, a decision later upheld by a federal District Court judge in Washington state. Still, few companies are complying without pressure from unions.

Dow Jones had covered birth control in some of its health plans, but not in the one favored by most employees. In a settlement with CWA, Dow Jones has agreed to provide coverage for prescription contraceptives and related medical services in all of its medical plans.

Current and former employees and their covered dependents will also be reimbursed for the costs of contraceptives and related services dating back to Jan. 1, 2001. The company said it would immediately begin distributing the forms workers need to apply for reimbursement.

In a statement, Dow Jones said it decided to voluntarily change the coverage of its medical plans and settle the EEOC charges to avoid the costs of going to court and does not admit any violation of discrimination law. Based on the settlement, the EEOC charges have been withdrawn.

The Guild and CWA are continuing to work with employers and locals across the country to pursue contraceptive equity. Earlier this year, the union won birth control coverage for Associated Press workers, with the company settling just before an arbitration hearing. And Guild and CWA Printing Sector workers at the Pittsburgh Post-Gazette negotiated contraception coverage in their new contract.

Leading CWA's efforts is Gloria Johnson, president of the Coalition of Labor Union Women, CWA women's and community services coordinator and a member of the AFL-CIO Executive Council.

Johnson said the same employers that didn't make a peep about covering Viagra for men have been fighting against birth control coverage for women, even though studies show such coverage can save insurers money by reducing pregnancies.

"We're pleased that this matter has been resolved for our members and other women at Dow Jones, but we've got a long way to go to before we reach equity for millions of other women," she said.

Learn more about contraceptive equity on the Coalition of Labor Union Women website, www.cluw.org. Visitors can send a message to lawmakers urging them to support H.R. 1111, the Equity in Prescription Insurance and Contraceptive Coverage Act.