Supreme Court Will Decide if Former Employees Can Sue Over Post-Employment Benefits
More than 34 years after the Americans with Disabilities Act (ADA) was enacted, it’s still not entirely clear who can sue under the law. In a case before the U.S. Supreme Court in its upcoming term, justices will decide if former employees can sue over post-employment benefits. The case involves a city that reduced its disability retirement health benefits, allegedly for budgetary reasons. “This decision will have little to no effect on employers who do not offer post-employment benefits,” said Ryan Bates, an attorney with Hunton Andrews Kurth in Washington, D.C., and Vienna, Va. However, if the upcoming ruling is in the plaintiff’s favor, it may deter employers from offering such benefits based on the fear that they may later be sued for routine adjustments, he added. “Although most HR professionals already take care to ensure that policies do not have a discriminatory impact on any protected class, post-employment benefits are often the first to be amended when there are budget cha...