I hear ya' knockin', so you can come in: the Americans with Disabilities Act limited to physical structures and individualized discrimination under Parker v. Metropolitan Life Insurance Co

Article Abstract:

Thw US Court of Appeals for the 6th Circuit incorrectly ruled in Parker v. Metropolitan Life Insurance Co.that Title III of the Americans with Disabilities Act (ADA) did not apply to employer-provided insurance plans administered by insurance companies. The court's assumption that defining places of accommodation as physical structures somehow exempted insurance offices from Title III when the insurance office discriminated indirectly through an employer-provided benefit plan was incorrect. By allowing insurance companies to refuse coverage for mental disabilities, the courts will permit companies to circumvent the ADA's purpose to protect people with these disabilities.

United States, Discrimination against disabled persons, Handicapped discrimination

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Will ERISA's newly defined welfare benefit noninterference clause curb outsourcing?

Article Abstract:

The US Supreme Court 1997 decision in Inter-Modal Rail Employees Ass'n v. Atchison, Topeka & Santa Fe Railway allowed both vested benefits and unvested welfare benefits to employees whose jobs were lost due to outsourcing. The decision supports ERISA section 510 employee rights but does not prevent employers from amending benefits. Businesses will continue to cut costs by outsourcing, and litigation over section 510 will continue.

Pension, health, and welfare funds, Pension Funds & Benefit Plans, Pension Funds, Outsourcing, Case Note

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