1) You must read the FAQs provided to determine whether this letter is appropriate for your situation. Click here to see the FAQs. DO NOT SEND THE LETTER BEFORE READING THIS INFORMATION.

2) If you have read the FAQs and have determined that New York law covers your situation, talk to your employer first, as suggested in the FAQs.

3) Once you have spoken to your employer, you should follow up on that conversation by sending the letter. Here are the steps for preparing the letter:

a) Copy and paste the letter below into a new document;

b) look for italicized language in brackets i.e., "[italicized language]" and replace the italicized language with your appropriate information;

c) make any other additions/changes that you deem appropriate;

d) spell check the letter;

e) print out the letter and sign it;

f) make a copy of the signed letter and keep it for your records;

g) print out copies of the two decisions referenced in the letter
Click here for a copy of the Bartell Decision.
Click here for a copy of the EEOC Decision

h) enclose the decisions and the letter in an envelope and mail or deliver it to your employer.

[Date]

[Name of Supervisor or HR Representative or Company’s Benefits Specialist or Other Appropriate Person]
[Company Name]
[Company Address]

Re: [Name of your Health Insurance Plan]

Dear [Supervisor or HR Representative or Company’s Benefits Specialist or Other Appropriate Person]:

As we recently discussed, it has come to my attention that [Company Name or Name of Health Insurance Plan]’s health insurance benefits plan does not cover the cost of prescription birth control, but does cover other prescription drugs. [Company Name] may or may not be aware of this fact, but as a concerned employee, I request that management immediately update the plan to add contraceptive coverage.

The current policy exclusion is unfair because it creates barriers to contraception and forces women to pay contraceptive costs out-of-pocket, which can be as much as $300-$700 per year. In contrast, the cost to employers like [Company Name] for providing contraceptive coverage is minimal. Additionally, failure to cover contraception is likely to lead to increased numbers of unintended pregnancies, and generally discriminates against women.

To that end, the Equal Employment Opportunity Commission and a federal judge in the U.S. District Court recently ruled that it is a violation of the Pregnancy Discrimination Act, which is part of Title VII of the Civil Rights Act of 1964, for an employer to provide health insurance to its employees that covers prescription drugs but excludes prescription contraceptives. Copies of the decisions are enclosed for your review.

Furthermore, the New York Women’s Health and Wellness Act echoes the federal findings mentioned above and says that where a plan covers prescription drugs, it must also include coverage of FDA-approved contraceptive drugs and devices. This law applies to all policies issued, renewed, modified, or altered after the January 1, 2003 effective date.

As a matter of law and fairness, I ask that [Company Name]’s health insurance benefits plan be immediately amended to cover the contraceptive needs of its employees and their dependents.

I look forward to your response.

Sincerely,

[Your Name]
[Your Title/Position]

cc: [put names of anyone that you are sending a copy of the letter to]
encl.