Van Patten v. State

SCHUMAN, S. J.

Plaintiffs are state employees who hold state-subsidized health insurance policies administered by the Public Employees’ Benefit Board (PEBB). They brought this action against the state and the then-PEBB administrator, Kapowich,1 contending that one aspect of the insurance program, a self assessment questionnaire, requires them to disclose disabilities, and, in so doing, violates a provision of the Americans with Disabilities Act, 42 USC § 12112(d)(4)(A) (2009) (ADA), and its Oregon analog, ORS 659A.136. They also contend that the assessment amounts to an unconstitutional search…