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Can Our Company Condition a Job Offer on the Applicant's Agreement Not to Enroll a Child with a Known Disability in Our Health Plan?
Thomson Reuters / EBIA
[Guidance Overview] May 20, 2026 "The action you describe likely violates the ADA's association provision. You are probably familiar with the ADA provisions that prohibit an employer from discriminating against a qualified individual with a disability ... This course of action also raises concerns under other laws, including HIPAA's nondiscrimination provisions, which prohibit group health plans and insurers from discriminating with regard to eligibility or premium contributions based on health factors." MORE >> |
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