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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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