EBIA Weekly Archives - GHPM - Court Cases
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Results (81 articles found)
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- Plan's Exclusion of Coverage For "Surgical Impregnation Procedures" Did Not Violate Title VII or PDA
- From the January 23, 2003 EBIA Weekly
- The employee in this case sued for reimbursement of infertility treatment expenses from her employer's self-insured health plan. The plan specifically excluded coverage for "surgical impregnation procedures," including artificial insemination and in vitro fertilization--procedures that the employee ...
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- Court Upholds Denial of Benefits for Sex-Change Procedure Based on Lack of Medical Necessity
- From the January 09, 2003 EBIA Weekly
- The participant in this case underwent a sex-change operation and sought reimbursement from his employer's self-funded ERISA health plan for the surgery and related hormone therapy. His employer denied the claims for lack of "medical necessity." The ...
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- Employer May Not Terminate Coverage Without Notice, Even When Employee Fails to Return From FMLA Leave
- From the January 02, 2003 EBIA Weekly
- The employee in this case was given time off from work to undergo treatment for a kidney stone. Neither the employee nor the employer mentioned the FMLA when the time off was granted. A month into his leave, the employee ...
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- Seventh Circuit Allows Title VII Sex, Race, and National Origin Disparate Treatment Claims to Proceed Against State
- From the September 26, 2002 EBIA Weekly
- In this case, the Seventh Circuit recognized an individual's right to sue a state under the disparate treatment provisions of Title VII of the Civil Rights Act. The employee in this case alleged that her employment with a state ...
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- Back-Pay Period Ordered By Labor Arbitrator Is Not "Hours of Service" for Purposes of FMLA Eligibility
- From the September 19, 2002 EBIA Weekly
- The employee in this case was terminated because he left work before the end of his shift to visit his ailing father at a hospital. He sued his employer, alleging that his termination violated the FMLA. The employer responded that ...
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- Sixth Circuit Allows ADEA Claim by Employees Age 40-49 Based on Elimination of Retiree Health Benefits for Employees Under Age 50
- From the July 25, 2002 EBIA Weekly
- The employees in this case were between the ages of 40 and 49 when their employer and their labor union entered into a new collective bargaining agreement under which only employees who were age 50 or older as of the ...
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- Disability Plan With Lower Mental Health Benefits Does Not Violate State Discrimination Law
- From the July 03, 2002 EBIA Weekly
- The employee in this case, disabled as a result of a mental illness, claimed that her employer's long-term disability plan violated the Minnesota Human Rights Act (MHRA), as well as state and federal equal protection laws, because it ...
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- Eleventh Circuit Vacates Previous Decision That Concluded Former Employees Can Sue Under the ADA
- From the December 27, 2001 EBIA Weekly
- In a case we first reported in the 11/29/01 EBIA WEEKLY (http://www.ebia.com/weekly/articles/2001/HIPAA011129Johnson.html), a three-judge panel of the 11th Circuit Court of Appeals held that former employees could sue under ...
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- Ninth Circuit Holds That Individuals May Sue State for FMLA Violations
- From the December 20, 2001 EBIA Weekly
- Breaking rank with the seven other federal circuits that have addressed the issue, the Ninth Circuit in this case recognizes an individual's right to sue a state under the Family and Medical Leave Act (FMLA). In this case, the ...
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- Shareholders of Professional Corporation Are "Employees" Under ADA
- From the November 29, 2001 EBIA Weekly
- This lawsuit for discrimination on the basis of disability was brought under the Americans with Disabilities Act (ADA). The employer was a professional corporation with four physician-shareholders and 12-15 other employees. The shareholders actively participated in management and ...
