The New York District Office of the EEOC brought this suit against Deloitte & Touche, L.L.P., in September 1997, in the U.S. District Court for the Southern District of New York. The suit was based on an alleged violation of the Americans with Disabilities Act ("ADA"), when Deloitte & Touche denied death benefits to the complainants based on an agreement with Deloitte signed in 1988 that denied the benefits to his family if he died from a pre-existing condition, in this case a form of cancer. When the complainant died of this pre-existing condition, Deloitte denied the benefits to his estate. Deloitte & Touche moved within two months of the filing of the complaint for a 12(b)(6) motion to dismiss or in the alternative for summary judgment. Because the ADA, which is not retroactive, was passed after the agreement was signed and the EEOC was not claiming a continued violation, both motions were granted in July 2000. The case was appealed and the appeal was withdrawn in August 2001.

Kevin Wilemon - 06/12/2007


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