Standard for Interference Claim Under Section ERISA 510

In order to show that a person interfered with an individual's right to receive an employee benefit, the individual must show that the person had a "specific intent" to interfere with the receipt of those benefits.  Fitzgerald v. Action, Inc., 521 F.3d 867, 871 (8th Cir. 2008).  This showing may be made with direct or circumstantial evidence.

In the absence of direct evidence, a court will apply the McDonnell Douglas burden shifting analysis applied to Title VII and ADEA cases.

 

 

 

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