Providing service--or aiding and abetting discrimination?

Abstract

Even though federal antidiscrimination laws do not include third-party liability, a number of states now have statutes containing aiding-and-abetting provisions that may provide a basis for causes of action. For instance, in a recent decision, the Colorado Supreme Court held that a third-party insurance company will be held liable along with the employer for providing health insurance coverage that does not cover normal pregnancy expenses. Similarly, cases involving newspapers have shown that newspaper classifieds may occasion liability solely to the newspaper, and not the advertiser, even absent intent. The author provides a full discussion of such issues as standard of proof and exactly who is liable and offers solutions to these new liability problems.