"Undoubtedly these groups, including the National Education Association and the US Chamber of Commerce, yield considerable political power. And that's clearly evident when you consider that the Congress not only held hearings on the EEOC rule, just shortly after the court's decision, but also offered bipartisan support for it."

After the hearings, Congressional leaders stated that they would allow for the EEOC rule, if no appeal was filed. At press time, the feds have appealed, and, more importantly, the court has decided to reconsider its original decision.

This would not be the first time that supporters of the EEOC rule have turned to Congress. Similar efforts were made in 2003, when the Congress enacted the Medicare prescription plan program (Part D), but they were unsuccessful.

"This fight, over discriminating against Medicare retirees on their health insurance, has been waging for more than 5 years," comments Hill. "We'll be watching to see if AARP (American Association of Retired Persons) and the other groups, that oppose discrimination against Medicare retirees, can continue to sustain their position in the face of this latest onslaught."

Editor's Note: For our newer members, a reminder that state law prohibits discrimination by requiring that public retirees, who are required to enroll in Medicare, receive equal treatment. That being said, the EEOC rule, in our opinion, sets a bad precedent.