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FLEMING v. AYERS & ASSOCIATES

Nos. 90-6412, 90-6479.

948 F.2d 993 (1991)

Thelma FLEMING, Plaintiff-Appellant, Cross-Appellee, v. AYERS & ASSOCIATES a/k/a and d/b/a Covington Manor and Brownsville Manor Nursing Homes; a/k/a and d/b/a Covington Manor Nursing Home and Brownsville Manor Nursing Home, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 1, 1991.

Attorney(s) appearing for the Case

Wanda S. Donati, Donald A. Donati (briefed), Jeffery L. Atchley (argued and briefed), Donati & Associates, Memphis, Tenn., for plaintiff-appellant, cross-appellee.

Charles Hampton White (briefed and argued), Nashville, Tenn., for defendants-appellees, cross-appellants.

Before KENNEDY and JONES, Circuit Judges, and GIBSON, Chief District Judge.

KENNEDY, Circuit Judge.

The District Court, after a bench trial, found that plaintiff Thelma Fleming was discharged by her employer because of expected high medical costs for her infant child. Defendant Ayers & Associates, et al., was self-insured for employees' and dependents' medical expenses. The court held that Ayers' action violated the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1140, but did not constitute sex discrimination under...

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