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  • Title: 9th Circuit: ADA permits distinctions in group disability insurance plans.
    Journal: AIDS Policy Law; 2000 Jan 21; 15(1):6-7. PubMed ID: 11367225.
    Abstract:
    The 9th U.S. Circuit Court of Appeals in San Francisco ruled that neither an insurer nor an employer can be subject to liability for benefits distinctions in group disability policies under the Americans with Disabilities Act (ADA). The ruling is seen as the most defendant-friendly decision yet on the topic. The ruling grew out of a case in which a woman's benefits ran out when she was treated for severe depression. She claimed to be totally disabled and on Social Security disability. The court said her total disability prevented her from being a "qualified individual" under ADA guidelines. It also did not find that her insurer was a place of public accommodation. The court ruled that companies that offer the same policies to all members of a group cannot be found guilty of discriminating against one member of that group. The ruling is binding in the nine States within that court's jurisdiction.
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