Discrimination claims under ERISA which are brought under 29 U.S.C §1140 are often very challenging. A court in the Eastern District of Louisiana recently rejected efforts by the Defendant to throw out the discrimination claim, thus shedding further light on the circumstances in which these claims may be asserted. The case is Lamont v. Western & Southern Life Insurance Company, 2014 WL 346079 (E.D. LA. Jan. 30, 2014). It involved the termination of an insurance company employee whose job was to collect premiums. The employee had to take time off for shoulder surgery, but before this he had made inquiries about taking early retirement. After he was off with shoulder surgery, an audit reflected that there was a shortage of about $759.00 in premiums and so while he was off he was terminated. This deprived him of an early retirement benefit. The same day he was notified of the shortage, he explained that there had been a miscalculation and promptly wrote a check for that amount. Proof was presented in the form of affidavits from other co-employees indicating that a shortage such as this usually resulted in less punishment than immediate termination. Also it was known in the company of Plaintiff’s plan to retire in the near future. Accordingly, the court permitted this case to go forward to trial.