EBIA Weekly Archives - GHPM - Court Cases
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Results (83 articles found)
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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 ...
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- Eleventh Circuit Holds That Former Employee May Sue Under FMLA for Retaliation in Hiring Decision
- From the November 29, 2001 EBIA Weekly
- A former employee who had taken FMLA leaves during his employment applied for re-employment with his former employer. He was not hired, and he sued for a violation of the FMLA, claiming that the employer had retaliated against him ...
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- Eleventh Circuit Holds That Former Employee May Sue Under ADA; Lower Mental Health Benefits in Long-Term Disability Plan May Violate ADA
- From the November 29, 2001 EBIA Weekly
- Caution: The Eleventh Circuit has vacated this decision in an order issued Dec. 19, 2001 and will rehear this case en banc. In this case, a former employee who was disabled as a result of severe depression and emotional illness ...
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- Cap on Benefits for One Type of Disability Does Not Violate ADA
- From the November 15, 2001 EBIA Weekly
- The participant in this case brought suit against his employer for discrimination in benefits, among other claims. The participant, who suffered from hearing and mobility disabilities, claimed that the lifetime cap under his employer's medical plan for employees with ...
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- Disability Plan with Lower Mental Health Benefits Violates State Discrimination Law
- From the August 02, 2001 EBIA Weekly
- The employee in this case, disabled as a result of a mental illness, challenged her employer's long-term disability plan because it provided a shorter period of covered disability for mental illnesses than for other types of disabilities. The ...
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- In The Eleventh Circuit, Disparate Impact Claim is Not Available Under ADEA
- From the July 19, 2001 EBIA Weekly
- Several former employees of Florida Power Corp. sued the company under the Age Discrimination in Employment Act (ADEA), claiming that job terminations imposed during a series of reorganizations in the 1990s violated the ADEA by causing a disparate impact on ...
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- California Law Requiring Coverage of Prescription Contraceptives Applies to Catholic Charity
- From the July 05, 2001 EBIA Weekly
- Catholic Charities of Sacramento, a corporation that provides social services to poor, disabled and other individuals regardless of religious beliefs, filed an action for declaratory and injunctive relief permitting it, pending trial, to provide its employees with health insurance that ...
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- Plan That Provides a Smaller Stipend for Health Coverage to Medicare-Eligible Retirees Does Not Violate ADEA
- From the June 28, 2001 EBIA Weekly
- The Age Discrimination in Employment Act (ADEA) prohibits discrimination with respect to employees who are age 40 and over. Generally, a welfare benefit plan must provide benefits to older workers that are the same as or greater than the benefits ...
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- Group Health Plan Must Cover Prescription Contraceptives
- From the June 14, 2001 EBIA Weekly
- In this groundbreaking case, the plaintiff, Jennifer Erickson, represented female non-union employees covered by Bartell's self-funded group health plan. The parties to the case all agreed that the plan was generous in most of its coverage provisions; ...
