Reverse Discrimination Lawsuits based on benefits

I am trying to find out about lawsuits stemming from higher paid employees whose benefits are not adequate to provide equal coverage as those who are lower paid.

Example would be a corporate disability plan where the group plan is supposed to replace 60% of income in cases of approved disability. There is typically a monthly maximum of say $5,000 a month. For all employees making less than $100,000, they would received the designed 60% income replacement as the policy outlines. For those higher paid they would be capped at $5,000 and recieve a lower percentage income replacement.

I know there is a remedy to solve this but not sure if there are any court cases where higher paid employees have filed lawsuits claiming "reverse discrimination" because they were not provided equal coverage due to the fact they were higher paid.

1 answer  |  asked Jun 18, 2004 4:12 PM [EST]  |  applies to Kansas

Answers (1)

Albert Kuhl
Your question

In general, I am not aware of any law which would operate to provide a remedy for the disparity you reference. ERISA is a federal statute governing administration of employee benefit plans, but I am not aware of a provision in ERISA governing this precise situation.

posted by Albert Kuhl  |  Jun 21, 2004 12:43 PM [EST]

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