University of Kansas School of Law
One might think, since passage of the Americans With Disabilities Act of 1990 (ADA),' that the employment story for disabled employees or would-be disabled employees was cheerful, or at least improving. This may be true in so far as obtaining and retaining employment is concerned;' however, the ADA, because it permits employers and third-party insurers to continue to utilize traditional risk management techniques, has resulted in reduced or (in some cases) non-existent employee benefits for the disabled. At the same time, more and more employers are opting to self-insure under the Employee Retirement Income Security Act of 1974 (ERISA),3 in part to get out from under onerous state insurance mandates. Many states have attempted, wrongly I believe, to force insurers to provide certain kinds of minimum coverage, with the result that self-insurance has become that much more attractive.
Working and Poor: The Increasingly Popular Practice of Excluding Disabled Employees from Health Care Coverage
Kansas Journal of Law and Public Policy
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2143