Employment Benefits

Enforcement Guidance: Questions and Answers About Disability and Service Retirement Plans Under the Americans with Disabilities Act (5/11/95) The EEOC responds to frequently asked questions about the application of the ADA to disability and service retirement plans in this guidance.

Guidance On Discrimination In Employee Benefits This is a new section in the EEOC Compliance Manual on benefit discrimination claims under each of the laws enforced by the Commission, including the ADA. The guidance includes an explanation of how benefit plans should be scrutinized to make sure they do not violate the ADA.

Health Benefit Plans & the Americans with Disabilities Act (NIDRR/DOE) 4 pgs. 1994 The Equal Employment Opportunity Commission (EEOC) has addressed health benefits issues in regulations and in its interim enforcement guidance on the application of the Americans with Disabilities Act to health benefit plans. The guidance is based on explanations in congressional committee reports. The application of the ADA to health benefit plans is also being considered by federal courts. It is likely that the United States Supreme Court will weigh in on this issue soon. This document summarizes the EEOC's position on the application of the ADA to health benefit plans.

Interim Guidance on Americans with Disabilities Act & Health Insurance (EEOC) 16 pgs. 1993. This interim enforcement guidance sets forth the Commission's position on the application of the Americans with Disabilities Act to disability-based distinctions in employer provided health insurance.

Questions and Answers: Compliance Manual Section on Employee Benefits (EEOC) 2000. This document explains how the employment discrimination laws apply to life and health insurance benefits, long-term and short-term disability benefits, severance benefits, pension or other retirement benefits, and early retirement incentives. The section covers discrimination in these benefits under the Age Discrimination in Employment Act , the Americans with Disabilities Act , Title VII of the Civil Rights Act of 1964 , and the Equal Pay Act.