Employer-provided LTD coverage for mental and physical disabilities not covered by public accommodations provisions of ADA

Article Abstract:

The US Supreme Court needs to resolve whether insuring physical disabilities more than mental disabilities is discrimination under the Americans with Disabilities Act (ADA). ADA prohibits discrimination against persons with any disability, but contains an exception for insurers and employers under certain conditions. In Parker v. Metropolitan Life Insurance Co., the US Court of Appeals for the 6th Circuit allowed the defendant company to provide a shorter period of disability coverage for the plaintiff's mental disability than it would for physical disability.

Mental illness, Mental disorders

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Early retirement election cannot be disregarded in favor of disability benefits and full pension

Article Abstract:

The US 7th Circuit Court of Appeals in 1998's Librizzi v. Children's Memorial Medical Center held against the plaintiff-retired employee who wanted to collect disability and full pension benefits after commencement of early retirement benefits. The court rejected the plaintiff's assertions that she mistakenly made the election on the basis of documentary evidence showing she was informed of her options. The statute of limitations for breach of ERISA fiduciary duty was not tolled during the period of negotiations.

Pensions, Early retirement

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Another federal district court holds that the ADA's Title III public accommodations provision prohibits discrimination in the content of insurance policies offered directly through an insurer

Article Abstract:

The US District Court for Northern Illinois held in Doe v. Mutual of Omaha that the public accommodations provision in Article III of the Americans with Disabilities Act applies to insurance policies issued directly to consumers by insurance companies. Mutual of Omaha was found to discriminate against AIDS and ARC patients through benefit limitations.

Insurance, Insurance Carriers and Related Activities, INSURANCE CARRIERS, Discrimination against disabled persons, Handicapped discrimination, Discrimination in public accommodations, Public accommodations discrimination

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