Union Pacific Case on Contraceptive Coverage Could Change the Rules Nationwide

Let our journalists help you make sense of the noise: Subscribe to the Mother Jones Daily newsletter and get a recap of news that matters.


Last week the 8th U.S. Circuit Court of Appeals heard arguments in the case against Union Pacific Railroad, which is being sued for failing to cover contraceptives in its health plans. In July 2005 a U.S. District court ruled in favor of the two women who filed the suit along with Planned Parenthood. The original ruling stating that Union Pacific, which employs about 49,000 workers nationwide, including 1,300 (that’s 2.6% for those of you keeping track), illegally discriminates against female employees by not providing contraceptive coverage in its health plans.

The lower court went further, saying that Union Pacific’s policy is in violation of the federal Civil Rights Act of 1964, which prohibits employers with 15 or more employees from discrimination based on gender or pregnancy. The policy was deemed discriminatory because it covered many preventive health medications — including drugs for erectile dysfunction — but not contraception.

The company has argued that it did not need to provide contraceptive coverage “because fertility is ‘normal,'” and, therefore, birth control is not “medically necessary.” Ah, and Viagra is sooo necessary.

Judge Pasco Bowman, who sits on the appeals court panel said Thursday that if the ruling holds it could mandate all companies to cover birth control in their plans.

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. It's our first time asking for an outpouring of support since screams of FAKE NEWS and so much of what Trump stood for made everything we do so visceral. Like most newsrooms, we face incredibly hard budget realities, and it's unnerving needing to raise big money when traffic is down.

So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate