If my father is my boss and offers his employee’s health insurance coverage for which he pays half the cost of the premiums, is it legal if he pays all of my premium simply because I’m his son?

He pays half of everyone’s premiums but recently he has mentioned paying for all of mine. Is that illegal to pay for all of mine and not everyone else’s and is there a law that says he can’t do this?

Asked on December 6, 2015 under Employment Labor Law, Wisconsin


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This is perfectly legal for your father to do. The fact is that not all employees need be treated the same, or even fairly. The only time that different treatment would give rise to a legitimate claim is if constituted legally actionable discrimination (or retaliation). In other words, discrimination in the workplace is only illegal if it has to do with a person's race, religion, nationality, age, gender, sexulal orientation, or disability. Otherwise, it is perfectly permissable under the law.
Note: Additionally, such treatment must not violate company policy, or the terms of an employment contract or union agreement.
To be certain of his rights under specific state law, your father should consult directly with an attorney in your area for further advice.

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