EBIA Weekly Archives - GHPM - Court Cases
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Results (81 articles found)
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- U.S. Supreme Court Rejects ADEA Claim Based on Elimination of Retiree Health Benefits for Employees Under Age 50
- From the February 26, 2004 EBIA Weekly
- Observing that the "enemy of 40 is 30, not 50," the U.S. Supreme Court held in a 6-3 decision that the federal Age Discrimination in Employment Act (ADEA) does not prohibit an employer from favoring older workers over ...
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- Contraceptive Coverage Lawsuit Survives Employer's Motion to Dismiss
- From the December 04, 2003 EBIA Weekly
- The employees in this case challenged the exclusion of prescription contraceptives under their employer's otherwise-comprehensive health plan, alleging that it constituted sex discrimination under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act (...
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- Termination of COBRA Coverage for Failure to Pay Premiums Is Not Retaliation Prohibited by ADA
- From the October 16, 2003 EBIA Weekly
- The employee in this case was terminated while he was unable to work due to a disabling medical condition. Upon his termination, he was offered and elected COBRA coverage under the employer's group health plan. He timely paid the ...
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- Reverse Age Discrimination Challenge Rejected by Trial Court in Seventh Circuit
- From the September 18, 2003 EBIA Weekly
- When the employer in this case changed its post-retirement benefit program to eliminate subsidized medical coverage, it "grandfathered" certain current employees who were age 50 or older at the time of the change. A group of employees who were ...
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- Employee May Not Sue State Agency for Violation of FMLA's Self-Care Provision
- From the September 11, 2003 EBIA Weekly
- The employee in this case sued her former employer, a state agency, for violation of the Family and Medical Leave Act (FMLA) provision that permits eligible employees to take up to 12 weeks of unpaid leave annually because of certain ...
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- U.S. Supreme Court Holds That Individuals May Sue States for FMLA Violations
- From the May 29, 2003 EBIA Weekly
- In this decision, the U.S. Supreme Court holds that an individual may sue a state for money damages for failing to comply with the family care provision of the Family and Medical Leave Act (FMLA). Under the FMLA's ...
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- Another Court Finds That Reducing Employer-Provided Retiree Medical Coverage Based on Medicare Eligibility May Violate the ADEA
- From the May 15, 2003 EBIA Weekly
- The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are age 40 and over. Generally, an employer must provide equal health benefits to older workers; alternatively, an employer can satisfy the ADEA if it incurs ...
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- Supreme Court Announces Test for Determining When Shareholder-Directors of a Professional Corporation Are Employees Under ADA
- From the April 24, 2003 EBIA Weekly
- The issue before the U.S. Supreme Court in this case was whether four physicians who were actively engaged in medical practice as shareholders and directors of a professional corporation should be counted as "employees" for purposes of determining whether ...
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- Bartell Drug Company Settles Contraceptive Coverage Lawsuit
- From the March 06, 2003 EBIA Weekly
- Erickson v. Bartell Drug Company, 141 F. Supp. 2d 1266 (W.D. Wash. 2001), was the first case to reach a decision applying the Pregnancy Discrimination Act (PDA) to contraceptives. (See our article at http://www.ebia.com/weekly/articles/...
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- Sixth Circuit Affirms Dismissal of Claim That Denial of Speech Therapy Benefits Violated Title III of ADA
- From the February 13, 2003 EBIA Weekly
- In this very brief opinion, the Sixth Circuit holds that Title III of the Americans with Disabilities Act (ADA) does not govern the contents of an employer-sponsored health plan. (Title III of the ADA prohibits discrimination "on the basis ...
