Everyone at work has health insurance coverage, except for me. Is this favoritism?

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Everyone at work has health insurance coverage, except for me. Is this favoritism?

I work for a very small company, only 4 employees, which is a property management/development company. When I was hired I was told no benefits were offered for my position, which means that everyone in the company, except for me, has health insurance coverage. I have asked and was told they can’t afford to put me on the plan. I spoke to a friend of mine who is an ob/gyn and her her own practice and she tells me that is favoritism and I may have a case for a lawsuit. Can anyone help me out?

Asked on March 16, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Favoratism by itself is not a basis for a lawsuit.  However, disparate or unfair treatment for an illegal purpose is.  For example, if you are denied the same benefits as everyone else becaue of your race, gender, or religion.  If they don't want to cover you just because they don't like you or they can't afford to, that's not an illegal purpose.  Generally, employers are not required to provide health insurance for their employees.  They can also limit coverage to certain categories of employees.  Many companies only extend coverage to full-time employees. If you think that the reason for their refusal to give you coverage is because of an illegal purpose, you should visit with an employment law attorney or file a complaint with the Texas Human Rights Commission.


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