Most employers and human resources professionals are well aware
of the various federal discrimination statutes, including Title VII
of the Civil Rights Act of 1964, the Americans with Disabilities
Act, and the Age Discrimination in Employment Act. Less well-known
are the employee protections found in Section 510 of the Employee
Retirement Income Security Act of 1974 (ERISA). Section 510
prohibits an employer from discriminating against an employee (1)
in order to prevent the employee from receiving ERISA-protected
employment benefits or (2) in retaliation for the employee's
use of his employment benefits.
If an employer provides health insurance, long- or short-term
disability benefits, pension plans, or other benefits to its
employees, then those benefits may be protected by ERISA. Section
510 states that it is unlawful for an employer to "discharge,
fine, suspend, expel, discipline, or discriminate against" an
employee for exercising his ERISA-protected benefits or
