Condition treatable with medication not a "disability" under ADA

Article Abstract:

The US District Court for Kansas ruled in Murphy v. United Parcel Service that the plaintiff failed to state a wrongful termination claim under the Americans with Disabilities Act because he was not disabled and was not able to perform the job's essential functions. The plaintiff had hypertension and claimed that his disability should be judged when in an unmedicated state, consistent with Equal Employment Opportunity Commission Interpretive Guidelines. The Court rejected that portion of the Guidelines and ruled that disability should be judged while medicated.

Discrimination against disabled persons, Handicapped discrimination

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Mitigation of damages is not required when participant's claim for benefits under ERISA plan is improperly denied due to procedural errors

Article Abstract:

The U.S. 7th Circuit Court of Appeals in Schleibaum v. Kmart Corp agreed with the10th Circuit Court of Appeal's decision in a prior ERISA case that employees do not need to mitigate damages where they were not properly notified of benefit denials or other procedural errors occurred resulting in inadequate claimant information. Kmart's argument that it substantially complied with ERISA claim procedures was rejected by the court which found the claimant lacked the necessary information to perfect his appeal.

United States, Employee Benefits & Services, Laws, regulations and rules, Human resource management, Influence, Damages, Damages (Law), Notice (Law), Extenuating circumstances

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Salary continuation plan terminated by operation of law following RTC takeover of failed thrift

Article Abstract:

Rice v Resolution Trust Corp concerned a fired CEO of a bank under Resolution Trust Corp (RTC) receivership seeking damages for a salary continuation agreement termination. The court held this agreement to be a labor contract under federal banking law, which meant the contract had been terminated when the RTC became receiver of the institution, which Happened before the executive's firing.

Interpretation and construction, Banking law

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