Document 0684
 DOCN  M95A0684
 TI    Lawsuit against Mason Tenders is heading toward a quiet finale.
 DT    9510
 SO    AIDS Policy Law. 1995 Mar 24;10(5):6. Unique Identifier : AIDSLINE
       AIDS/95700237
 AB    The June 1993 case challenging Mason Tenders District Council Welfare
       Fund's decision to exclude coverage of AIDS-related expenses incurred by
       union members enrolled in its health and welfare fund seems to have
       faded into the background. This is an important case because it is the
       Equal Employment Opportunity Commission's (EEOC) first target on
       disability-based distinctions, and, the defendant refused to settle the
       case. Since suing Mason Tenders, the EEOC has made the issue of AIDS-
       related caps and exclusions a priority in its enforcement of the
       Americans with Disabilities Act (ADA). Mason Tenders has battled the
       government at every turn, contending that it is not an employer as
       defined by the ADA, and therefore not subject to the Act's tenet of
       equal access to all benefits, including health insurance. Also, Mason
       Tenders argued that they excluded AIDS coverage not because of
       discrimination, but because AIDS treatment is expensive and they
       couldn't afford it. In addition, the Fund sued the government as part of
       its case against Terence Donaghey, the HIV-positive member whose
       complaint sparked the government's action. Presently, the EEOC's case
       against Mason Tenders, and the Fund's suit against Donaghey, remain on
       the docket in Federal court in New York while they negotiate a
       settlement.
 DE    *Acquired Immunodeficiency Syndrome  Disabled  Government  Insurance,
       Health/*LEGISLATION & JURISPRUD  *Labor Unions  Prejudice  NEWSLETTER
       ARTICLE

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