According to the reports of Livemint, An American multinational technology corporation, IBM employee has been on sick leave since 2008. He sued his company for discrimination because he did not receive a raise.
He claimed, however, that he was a victim of ‘disability discrimination’ since his income had not been increased in the 15 years he had been unable to work. Under an IBM health plan, he earns over 54,000 pounds each year and is assured to do so until the age of 65.
He claimed that over 54,000 pounds he draws every year is ‘not enough’ due to raising inflation. According to his LinkedIn page, he has been ‘medically retired’.
In accordance with plan, the employee is unable to work however, the employee is not dismissed but remains an employee and has ”no obligation to work”.
The case was heard by Judge Paul Housego and has rejected his claims. In judge’s opinion and decision stated that the disability plan was designed to provide security for employees unable to work.
Judge Paul Housego said, “That active employee may get pay rises, but inactive employees do not, is a difference, but is not, in my judgment, a detriment caused by something arising from disability.”
“The complaint is in fact that the benefit of being an inactive employee on the plan is not generous enough because the payments have been at a fixed level since April 6, 2013, now 10 years, and may remain so.” Judge Housego added.
The employee was covered under ‘right’ until recovery. According to the plan retirement, or death ever earlier is to be paid 75% of agreed earnings. The plan was fixed in place for more than 30 years until he reached retirement age at 65.
In the current case of employment, the employee’s salary was 72,037 pounds, meaning from 2013 he would be paid 54,028 pounds per year after 25% was deducted.
