Jump to Navigation

An overview of ERISA discrimination

Employment discrimination can be a challenging area for New York employers as well as for their employees. Some of the most obvious areas of interest involve age and disability issues on the job, matters that can lead to legal problems for an employer who is not cautious in handling the dismissal of an employee in one of the protected categories. However, the Employee Retirement Income Security Act also provides certain protections for workers with regard to their employment benefits, and dismissals based on an employer's effort to deprive a worker of these benefits could fit into the category of discrimination.

Reports indicate that claims of wrongful termination related to ERISA protections have increased in recent years. Employee benefits can be costly, and termination might be viewed as a method of removing that obligation to streamline a company's budget. However, termination to keep an employee from becoming eligible for benefits or from filing a claim under a plan for which they are eligible is prohibited by ERISA rules. An employer might dismiss a worker for a different reason, but the timing of eligibility for benefits could create an impression that the benefits are the actual reason for dismissal.

An employee must demonstrate that there is adequate reason to believe that they have suffered intentional adverse treatment because of benefits. However, an employer is provided the opportunity to demonstrate that a termination or other adverse decision was based on legitimate reasons.

An employee dealing with a possible case of work-related discrimination might be unsure of what to do, especially if the discriminatory action in question has not yet resulted in termination. Although a human resources department might be the avenue defined by the company for filing complaints, an employee might first want to discuss the situation with a lawyer to better understand the available rights and options.

No Comments

Leave a comment
Comment Information

Contact Us

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Subscribe To This Blog's Feed

Nassau County Address
Richard V. Rappaport and Associates
1900 Hempstead Turnpike
Suite 200
East Meadow, NY 11554
Phone: 516-368-0409
Fax: 516-222-5262

Map and Directions

Suffolk County Address
Court House Corporate Center 
320 Carleton Ave.
Suite 6200
Central Islip, NY. 11722
Phone: 631-234-0660

Manhattan Address
112 Madison Avenue 
6th Floor
Manhattan, NY 10016

Facebook Logo google plus Twitter Logo linkedIn

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.

FindLaw Network