EEOC Revokes Stance That Health Plans Discriminate If Retiree Benefits Change Upon Medicare Eligibility
Client Alert | 1 min read | 08.21.01
In an August 20, 2001 release, the Equal Employment Opportunity Commission ("EEOC") retracted its position that employee benefit plans that either end or reduce benefits when a retiree becomes eligible for Medicare violate the Age Discrimination in Employment Act ("ADEA"). Recognizing that its previous policy could have the practical effect of discouraging employers from providing health care benefits for its retirees before they become eligible for Medicare, the EEOC has established an internal task force to study the issue and obtain input from interested stakeholders (i.e. employers, insurers, advocacy groups). For now, the EEOC will no longer litigate "Medicare bridge" cases. The EEOC re-emphasized its position that "An employer must offer to current employees . . . over the age of eligibility for Medicare benefits the same health benefits, under the same conditions, that it offers to any current employee under the age of 65."
Insights
Client Alert | 3 min read | 11.21.25
On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future.
Client Alert | 3 min read | 11.20.25
Client Alert | 3 min read | 11.20.25
Client Alert | 6 min read | 11.19.25
