Following the recent 'Varity' decision, employers may be sued under ERISA for misrepresentations regarding benefits plans

Article Abstract:

The US Supreme Court ruled in Varity Corp. v. Howe that individuals could seek equitable relief including restoration of lost employee benefits for breach of fiduciary duty. The breach of the employer's fiduciary duty took place when the employer encouraged employee transfer to a subsidiary's benefit plan, while knowing that the subsidiary did not have the assets to fund the plan. The court also held that ERISA Section 502(a)(3) authorized direction by a lower court that employees be placed back in the former plan and get back any benefits lost.

Employee benefits, Fiduciary duties

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The 2d Circuit has ruled that an employee may not be held individually liable for discriminatory conduct under Title VII

Article Abstract:

The US 2d Circuit Court of Appeals recently followed the DC, 5th, 9th, and 11th circuits in ruling out agent liability for co-workers under Title VII of the Civil Rights Act of 1964. Even if the co-worker or supervisor acted discriminatorily, plaintiffs may seek relief only from the employer; by commonly used analogy the ruling also affects actions brought under the Age Discrimination in Employment Act and the Americans with Disabilities Act. The 4th and 6th circuits ruled otherwise, and the 10th leaves the issue open.

Employment discrimination, Agency (Law)

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Employment law; age discrimination

Article Abstract:

The formula for creating an inference of age discrimination by presenting a "prima facie case" is discussed. This was created by the US Supreme Court in its 1973 ruling of McDonnell Douglas Corp v Green. Rulings since then under the Age Discrimination in Employment Act (ADEA) are discussed.

United States, Testimony, Age discrimination

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