WEYER v. TWENTIETH CENTURY FOX FILM CORP.

No. 98-35215.

198 F.3d 1104 (2000)

Helen WEYER, William Weyer, and the marital community composed thereof, Plaintiffs-Appellants, v. TWENTIETH CENTURY FOX FILM CORPORATION, a Delaware corporation doing business in Washington, UNUM Life Insurance Company of America, a Nevada corporation doing business in Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 3, 2000.


Attorney(s) appearing for the Case

Lonnie Davis, Disabilities Law Project, Seattle, WA, for the appellants.

Jeffrey A. Hollingsworth & Zane A. Brown, Jr., Perkins Coie LLP., Seattle, WA, for appellee Twentieth Century Fox Film Corp.

D. Michael Reilly & Todd L. Nunn, Lane Powell Spears Lubersky LLP, for appellee UNUM Life Insurance Company.

Stephen C. Monkarsh & Donna D. Melby, Sedgwick, Detert, Moran & Arnold, Los Angeles, CA, for appellee UNUM Life Insurance Company.

Ann M. Courtney, UNUM Life Insurance Company of America, Portland, ME, for appellee UNUM Life Insurance Company.

Robert J. Gregory, Equal Employment Opportunity Commission, Washington, D.C., as amicus curiae in support of appellants.

Gregory G. Katsas & Clinton R. Pinyan, Jones, Day, Reavis & Pogue, Washington D.C., as amicus curie for American Council of Life Insurance and Health Insurance Association of America in support of appellees.

Before: BEEZER, WIGGINS, and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

This case concerns whether an employer and its insurance administrator can offer a group disability insurance policy as a fringe benefit that gives more benefits for physical disabilities than for mental disabilities, without violating the Americans with Disabilities Act or related Washington statutes.

I. Facts

Helen Weyer worked for Twentieth Century Fox Film Corporation ("Fox") as an Administrative Coordinator....

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