E.E.O.C. v. CNA INS. COMPANIES

No. 96-1304.

96 F.3d 1039 (1996)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. CNA INSURANCE COMPANIES, Continental Casualty Company, and Continental Assurance Company, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 27, 1996.


Attorney(s) appearing for the Case

Samuel A. Marcosson, argued, E.E.O.C., Office of General Counsel, Washington, DC, Jean P. Kamp, John C. Hendrickson, E.E.O.C., Chicago, IL, for E.E.O.C.

Jeffrey S. Goldman, Allison Blakley, argued, Michael A. Paull, Fox & Grove, Chicago, IL, for CNA Ins. Companies, Continental Casualty Co., Continental Assur. Co.

Sally Dunaway, American Association of Retired Persons, Washington, DC, for American Association of Retired Persons.

Shelly R. Jackson, Leonard S. Rubenstein, Judge David L. Bazelon Center for Mental Health Law, Washington, DC, for Amicus Curiae Judge David L. Bazelon Center for Mental Health Law.

Arlene Mayerson Berkeley, CA, for Amicus Curiae Disability Rights Education and Defense Fund, Inc.

Vicki Laden, Claudia Center, Jennifer Middleton, Employment Law Center, San Francisco, CA, for Amicus Curiae Employment Law Center.

Catherine A. Hanssens, Lambda Legal Defense and Education Fund, New York City, for Amicus Curiae Lambda Legal Defense & Education Fund, Inc.

Ronald S. Honberg, National Alliance for the Mentally Ill, Arlington VA, for Amicus Curiae National Alliance for the Mentally Ill.

Edward Copeland, Cary LaCheen, New York Lawyers for the Public Interest, Inc., New York City, for Amicus Curiae New York Lawyers for the Public Interest, Inc.

Douglas S. McDowell, Ann Elizabeth Reesman, Ellen Duffy McKay, McGuiness & Williams, Washington, DC, for Amicus Curiae Equal Employment Advisory Council.

Before CUMMINGS, ESCHBACH, and DIANE P. WOOD, Circuit Judges.


DIANE P. WOOD, Circuit Judge.

In this case, we are asked to decide to what extent, if at all, the Americans with Disabilities Act of 1991 (ADA), 42 U.S.C. §§ 12101 et seq., requires equality of treatment among disabilities in benefit plans. Specifically, the Equal Employment Opportunity Commission (EEOC) is attempting to bring an action on behalf of Cynthia Valladares-Toledo, who suffers from a long-term mental disability, to require the defendant...

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