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Can An Employer Offer Health Insurance To Some Employees But Not Others

can an employer offer health insurance to some employees but not others

Can an employer offer health insurance to some employees but not others? Yes, employers are not under obligation to health insurance to all their employees. Like other workplace benefits, your employer can decide to offer health insurance to some employees and not to others as long as the decision to do so was not made based on discrimination.

Can An Employer Offer Health Insurance To Some Employees But Not Others?

Can an employer offer health insurance to some employees but not others? Your employer may decide to provide health coverage and other benefits based on bona-fide employment-based classifications.

Bona Fide Employment-Based Classifications

Bona-fide employment-based classifications that are applicable include:

• Employee seniority
• Job title
• Full-time or part-time status
• Salary versus hourly workers
• Whether an employee works in or out of state and so on

As long as the distinctions or classifications are not discriminatory and all similarly situated employees are treated equally, which means that every employee within a specific class must get the same level of benefits.
Employee Benefits Discrimination

Employee benefits discrimination based on any individual characteristics protected by federal law is prohibited. These characteristics include
• Race
• Age
• Color
• Religion
• Country of origin
• Citizenship status
• Sex
• Disability and
• Genetic information

Employer Health Insurance Laws By State

Employer health insurance laws by state vary in scope. Some state laws include additional characteristics that cannot be used for benefits discrimination. A few examples are:

• Alaska: Marital status, mental illness, HIV/AIDS
• California: Ancestry; marital status; sexual orientation; gender identity and gender expression; HIV/AIDS; medical condition; political activities or affiliations; military or veteran status; status as a victim of domestic violence, assault, or stalking
• Florida: Marital status, HIV/AIDS, sickle cell trait
• Illinois: Marital status, sexual orientation, military and veteran status, unfavorable military discharge, gender identity, arrest record, victims of domestic violence, status as being under an order of protection, lack of a permanent mailing address
• Kansas: HIV/AIDS, military service or status
• Maine: Sexual orientation, gender identity or expression, past workers’ compensation claim, past whistle-blowing, medical support notice for child
• Michigan: Marital status, HIV/AIDS, height or weight, misdemeanor arrest record
• New York: Marital status, familial status, sexual orientation, gender identity, lawful use of any product or lawful recreational activities when not at work, military status or service, observance of Sabbath, political activities, use of service dog, prior arrests or criminal accusation, prior convictions, domestic violence victim status
• Oklahoma: Military service, being a smoker or nonsmoker, using tobacco off duty
• South Dakota: Preexisting injury
• Tennessee: Use of guide dog
• Utah: HIV/AIDS
• Washington: Marital status, sexual orientation, HIV/AIDS, hepatitis C infection, member of state militia, use of service animal, gender identity, domestic violence victim status
• Wisconsin: Marital status, sexual orientation, arrest or conviction record, military service, off-duty use of lawful product

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