United States Tenth Circuit

In an action brought under the Americans with Disabilities Act (ADA) and ERISA, summary judgment for defendant is reversed and the case remanded where: 1) plaintiffs raised the necessary inference of discriminatory motive to establish a prima facie case of association discrimination through evidence that defendant monitored plaintiffs' son's health care costs, and that defendant was concerned to cut down on overall health care costs; 2) there was temporal proximity between the relapse of the plaintiff's son's cancer and the investigation by defendant for time theft; 3) defendant was not able to present a legitimate business reason since it treated similarly-situated employees differently; and 4) there were several irregularities in defendant's investigation of plaintiffs for time theft.

Appellate Information

• Decided 05/07/2008
• Published 05/07/2008

Judges

• SEYMOUR, Circuit Judge., Before TACHA, SEYMOUR, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Sharon M. Rose of Lavery & Rose, P.C., Evanston, WY, for Plaintiffs-Appellants.


• For Appellees:
  
• Richard D. Bush (Paul J. Hickey with him on the brief) of Hickey & Evans, LLP, Cheyenne, WY, for Defendant-Appellee.