What to do ifI am beingthreatened with prosecution for adding my DomesticPartner to my insurance policy?

I added my Domestic Partner to my health insurance (opposite sex). Board members want me to resign after 31 years. I am plan administrator on the insurance. They want to prosecute me because I didn’t ask first. If I had gotten married or had a child I wouldn’t have to ask. I am on sick leave for back surgery and they made me meet at office in evening and screamed and yelled, however, they would not give me a chance to explain or show or say anything. I live in PA and the insurance company said that it was OK and, as I read our personnel policy, it seems to be OK under it as well. I think that it is discrimination because of one of them being a pastor and the other goes to his church. They say they don’t approve of that kind of stuff. They said if I don’t resign they already talked DA. It amounts to under $3,000.

Asked on December 20, 2010 under Criminal Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no crime if you can legally add a dependent to your insurance policy.  If your state allows a non-married individual who is your partner and not child to be legally added to your insurance and your insurance company is telling you it is allowed, then there is no crime.  If anything the two individuals threatening you and harassing you may have violated several labor laws (state and federal).  Check your employee handbook to see if perhaps the type of activity you conducted (by adding an unmarried domestic partner) to your insurance may have violated an internal handbook policy.  If you work for a religious organization, it may be a consideration but the fact you are employed and they know you are living with someone is a bonus point for you.  If they kept you on as an employee knowing this but somehow now (because it may hit their pocket book) refuse for you to add your partner you may have a claim for unfair labor practices and yes, discrimination. Talk  to a lawyer who handles your issues and make sure you have something in writing from the insurance company indicating you can add this individual without issue for your particular policy.


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