HCW Benefits Blog

Contributor:
Laura Bibb, JD, GBA, Compliance Officer
Hill, Chesson & Woody

In a September 2011 decision, a judge in the U.S. District Court for the Southern District of Kansas ruled that an employee covered under his employer’s health plan who was terminated about a year after his wife’s end-stage renal disease diagnosis could continue to pursue his claims under ADA and ERISA. 

The ADA contains a provision prohibiting discrimination based on association with a disabled person.  The employee in this case claimed discrimination under this provision and alleged he was terminated due to his wife’s disability and its cost to his employer.  The employee also claimed his employer violated ERISA Section 510 (which prohibits termination of a plan participant for exercising rights under ERISA or under an ERISA plan) by terminating him because of his wife’s medical claims.

The employer claimed the employee was terminated for poor job performance and there was evidence of complaints from co-workers and customers.

Despite this evidence, the court stated that it was undisputed that the employer was aware of the wife’s medical problems, since the employer had attempted to remove the wife from the health plan.

Although this is a Kansas case, it serves as a great reminder to employers everywhere of the importance of thinking through and analyzing potential ADA claims. The Advice & Counsel team at CAI can provide invaluable ADA guidance to North Carolina employers. Remember... when in doubt, seek legal counsel!