ADA Amendment Act Passes House

Originally titled the “ADA Restoration Act of 2007,” the ADA Amendment Act of 2008 on June 25 passed the U.S. House of Representatives.

Law Provides Financial Assist for Employees in Military Reserves

On Tuesday June 17, President Bush signed into law a bill providing a safety net of employee benefit rights for people serving in the military reserves. The Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008 provides several benefits to reduce the financial sacrifices of military reservists who serve their country.

Supreme Court Rules on Discretionary Clauses

The Employee Retirement Income Security Act of 1974 (ERISA) permits a person denied benefits under an employee benefit plan to challenge that denial in federal court. Often the entity that administers the plan, such as an employer or an insurance company, both determines whether an employee is eligible for benefits and pays benefits out of its own pocket. The United States Supreme Court has decided that this dual role creates a conflict of interest; that a reviewing court should consider that conflict as a factor in determining whether the plan administrator has abused its discretion in denying benefits; and that the significance of the factor will depend upon the circumstances of the particular case.

California Assembly Approves Bill to Require Sick Leave

On May 28, 2008, the California Assembly approved A.B. 2716, which would require employers to provide paid sick days.

EEOC Settles Sex Bias Case

The New York State Department of Correctional Services will pay nearly $1 million to settle a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Attorney for the Southern District of New York, the two offices announced on May 21, 2008. The EEOC and the United States had charged the Corrections Department with violating federal law by providing inferior benefits to female employees on maternity leave.

President Signs Genetic Information Nondiscrimination Act

On May 21, 2008, President Bush signed H.R. 493, the Genetic Information Nondiscrimination Act (GINA) of 2008. This new law prohibits discrimination on the basis of genetic information with respect to health insurance and employment.