Discrimination and Benefits

You are employed with Mason & Company. Your spouse had a liver disease and eventually received a transplant. Mason & Company is a small company that has a self-insured health plan.  Your spouse’s numerous treatments caused the company to incur substantial costs. Your Human Resources Manager attempted to convince you to accept some alternative arrangement for insuring your spouse, but because there was no viable alternative, your spouse remained under the plan. You were told at one point the company would fire you or make you an independent contractor without benefits, but nothing was done at the time. A year later, you were fired. Conduct research for a case dealing with discrimination under the Employees Retirement Income Security Act (ERISA). Analyze the issue of this case based on the rights of an employee to benefits under ERISA. Discuss whether Mason & Company violated the ERISA by firing you for exercising you and your wife’s rights under an employee benefit plan. Discuss whether employers can refuse to hire or terminate disabled persons or employees with disabled family members based on concerns about the cost of providing them with health insurance.

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