KOLTON v. COUNTY OF ANOKA

No. C1-00-2179.

645 N.W.2d 403 (2002)

Gloria L. KOLTON, Respondent, v. COUNTY OF ANOKA, Defendant and Third-Party Plaintiff, Petitioner, Appellant, v. Allan T. Roth, individually and d/b/a A.T. Group, Petitioner, Appellant, Sun Life Assurance Company of Canada, Petitioner, Appellant.

Supreme Court of Minnesota.

June 13, 2002.


Attorney(s) appearing for the Case

Robert M.A. Johnson, Anoka County Attorney, Robert D. Goodell, Asst. Anoka County Attorney, Anoka, MN, for Appellant, County of Anoka.

Frederick E. Finch, Charles E. Lundberg, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, MN, for Appellant, Allan T. Roth.

James F. Roegge, Meagher & Geer, P.L.L.P., Minneapolis, MN, Mark E. Schmidtke, Hoeppner, Wagner & Evans, L.L.P., Valparaiso, IN, for Appellant, Sun Life Assurance Company of Canada.

Wayne J. Rice, The Law Office of Wayne J. Rice, P.A., Minneapolis, MN, for Respondent.

Mike Hatch, Attorney General, Erica Jacobson, Asst. Attorney General, St. Paul, MN, for amicus curiae State of Minnesota.

Roderick J. Macpherson III, Minnesota Disability Law Center, Minneapolis, MN, for amici curiae Mental Health Association of Minnesota, Mental Health Consumer/Survivor Network, National Alliance for the Mentally Ill-Minnesota and Minnesota Disability Law Center.

Carolyn Doppelt Gray, Michael B. Lehrhoff, Epstein Becker & Green, P.C., Washington, DC, for amicus curiae American Council of Life Insurers.

Heard, considered, and decided by the court en banc.


OPINION

LANCASTER, Justice.

We are asked to decide whether an employer that provides at no cost to its employees a long-term disability plan that limits benefits for disability due to mental illness to 24 months unless the employee is confined to a hospital or an institution licensed to provide psychiatric treatment, but does not so limit benefits for physical disabilities, discriminates because of disability in violation of the Minnesota Human Rights Act...

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