E.E.O.C. v. STATEN ISLAND SAVINGS BANK

Docket Nos. 99-6011, 99-6035.

207 F.3d 144 (2000)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. STATEN ISLAND SAVINGS BANK, Defendant-Appellee, and Guardian Life Insurance Company, Defendant. Equal Employment Opportunity Commission, Plaintiff-Appellant, v. The Chase Manhattan Bank, Defendant-Appellee, and Unum Life Insurance Company of America, Defendant.

United States Court of Appeals, Second Circuit.

Decided March 23, 2000.


Attorney(s) appearing for the Case

Barbara L. Sloan, Equal Employment Opportunity Commission, Washington, DC (C. Gregory Stewart, General Counsel, Philip B. Sklover, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, and Jodi B. Danis, on the brief), for Plaintiff-Appellant.

Roger H. Briton, Jackson, Lewis, Schnitzler & Krupman, Woodbury, NY (Christopher G. Bell, Jackson, Lewis, Schnitzler & Krupman, Minneapolis, MN, on the brief), for Defendant-Appellee Staten Island Savings Bank.

Meryl R. Kaynard, Chase Manhattan Legal Department, New York, NY (Matthew G. Leonard, on the brief), for Defendant-Appellee The Chase Manhattan Bank.

Gregory G. Katsas and Gregory A. Castanias, Jones, Day, Reavis & Pogue, Washington, DC, and Phillip E. Stano and Terri Sorota, The American Council of Life Insurance, Washington, DC, submitted a brief for Amicus Curiae The American Council of Life Insurance.

Ann Elizabeth Reesman and Corrie L. Fischel, McGuiness & Williams, Washington, DC, and Stephen A. Bokat, Robin S. Conrad and Sussan Mahallati Kysela, National Chamber Litigation Center, Inc., Washington, DC, submitted two joint briefs for Amici Curiae Equal Employment Advisory Counsel and Chamber of Commerce of the United States of America.

Before: FEINBERG, CARDAMONE, and SACK, Circuit Judges.


SACK, Circuit Judge:

The issue raised in these appeals is whether, under Title I of the Americans with Disabilities Act, an employer may lawfully offer more generous disability benefits for physical disabilities than for mental and emotional disabilities. We add our voice to a chorus of other United States Courts of Appeals that have ruled that such disparate treatment is not forbidden by the Act.

Plaintiff the Equal Employment Opportunity Commission (the...

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