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Supreme Court to decide if retirees can claim disability discrimination in benefits

Posted on September 19, 2024


The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans.

  • A former firefighter sued the city of Sanford, Florida, claiming it discriminated against her when it shortened the length of health benefits for disabled retirees. She said the benefit change violated the Americans with Disabilities Act (ADA).
  • The U.S. Court of Appeals for the Eleventh Circuit upheld the city’s decision to shorten the retiree health benefit to save funds.
  • However, the Eleventh Circuit noted that the federal appellate courts are split, with the Sixth, Seventh, and Ninth Circuits agreeing with the Eleventh Circuit’s position, and the Second and Third Circuits holding that former employees do not lose their right to pursue ADA claims just because they no longer are employed.
  • The Supreme Court of the United States will hear the case during its current term, which will end in June 2025.

For more information, see the article, “Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits“.

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