Employers increasingly rely on the 'same-actor inference' as a defense in some bias lawsuits in which the hirer and firer are the same person

Article Abstract:

Both sides in employment discrimination cases, particularly those which involve unchangeable classifications such as sex, race, or national origin, should take note of the importance of the same-actor defense when building their cases. A growing number of federal courts have held that it is safe to infer nondiscrimination when hiring and firing was done by the same person and the period between them was short. The US Courts of Appeals for the 5th and 9th Circuits have joined five other circuits in recognizing this inference, which has permitted employers to obtain jury instructions on the subject, summary judgments and directed verdicts. The impact of this defense will not be known for some time to come.

United States, Employment discrimination, Employee dismissals, Employment terminations, Employment at will

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Disabilities Act makes denial of benefits risky: Equal Employment Opportunity Commission scrutinizes clauses on pre-existing conditions

Article Abstract:

People with pre-existing conditions who worry about becoming uninsured when they change jobs or when their employers change health plans may have a new weapon in the Americans with Disabilities Act (ADA). Since the ADA forbids discrimination against disabled employees in the provision of employee benefits, people with pre-existing conditions may be able to sue employers or insurers if they are denied health insurance. The cost justification clause in ADA Section 501(c) makes the result of such suits uncertain, however. The courts will have to balance economic and civil rights issues, and the result may help shape health insurance in the future.

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Disabilities Act may affect medical costs

Article Abstract:

The pertinence of the Americans with Disabilities Act of 1990 (ADA) to health insurance is not yet clear. EEOC interpretive regulations state that employers can still use accepted standards of risk management based on state law when administering their health insurance plans. However, EEOC has also stated since the act that employers cannot apply different conditions of insurance to qualified disabled employees based solely on their disabilities. Limiting the numbers and types of procedures and medications for which all employees will get coverage may be in compliance with both ERISA and ADA.

Employee benefits

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