Is it legal if a large employer offers health insurance to some but not others?

Under the ACA, a large employer greater than 100 employees must offer health insurance to their full-time equivalent employees or pay a penalty, it’s the

Asked on April 13, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An employer cannot discriminate in who gets health insurance based on protected categories, like employee race, religion, age over 40, sex, disability, etc. But not all positions have to be offered health insurance: for example, it is legal for office jobs to have health insurance as a benefit, but not warehouse/distribution center jobs or vice versa. So if there are types of jobs or positions that do not have health insurance offered as one of the benefits, there would be legal, and there would be not lawsuit along the lines of the one you describe.


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