If the employer pays for your medical insurance but says they only offer it to emplyees no family plans but gives one emplyee a family plan for him and his spouse does the employer have to offer family plans to all emplyees.? If he doesnt isnt that ilega?

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If the employer pays for your medical insurance but says they only offer it to emplyees no family plans but gives one emplyee a family plan for him and his spouse does the employer have to offer family plans to all emplyees.? If he doesnt isnt that ilega?

Is there a lawsuit? Is it
descrimination if the employer says
they dont offer family plans but then
does for one employee that doesnt have
children. Or sue for reimbursment of
tax penalties for not having insurance
on my wife and children so that the
employer pays those tax penalties at
end of year. Due to the employer
denieing coverage to some but not all?

Asked on November 28, 2016 under Employment Labor Law, Michigan

Answers:

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

Answered 4 years ago | Contributor

Legally actionable discrimination in the work setting has to do with an employee receiving lesser treatment than their co-workers due to their race, religion, age (over 40), disability, national origin, etc. Absent that, there is no workplace right for all employees to be treated equally or even fairly. Accordingly, unless this action violates the terms of an exisiting employment contract or union agreement, it is perfectly permissable under the law. In other words, your employer can offer an extended insurance plan to only one of its employees. 


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