Why don differences in the plans cited above constitute discrimination against a qualified individual with a disability?
A. There is no disability discrimination because none of the plans make distinctions based on whether or not an individual is covered under the ADA. Thus, in the first example, the service retirement plan is available to all employees who have attained 20 or more years of service, without regard to the presence or absence of a disability. A qualified individual with a disability who works 20 or more years receives the same service retirement benefit as a person not covered by the ADA who works 20 or more years. Similarly, the disability retirement plan is available to everyone who becomes unable to work because of illness or injury. Therefore, the employer does not violate the ADA simply by providing different benefits under service and disability retirement plans. E. Q. What types of plans offering disability retirement or service retirement benefits would violate the ADA? A. Violations will occur under either type of plan when the employer treats a qualified individual with a disabil
