Health Insurance for select employees

[help202]

I am in Florida. My employer has health insurance on certain employees I found this out by accident. Most of the people who work here have been employed for over a year. I have been here for 5 years. Is it right for my employer to pick and choose who he wants to insure? It is only 4 or 5 people I am guessing out of the 30 who work here. Isn't this discrimination?

[eerelations]

It sure is discrimination - but it isn't illegal discrimination unless your boss is making health insurance decisions based on his employees' race, gender, disability or religion and so on.

[help202]

I think it is based on favoritism.

[cbg]

An employer may legally establish classes of employees, some of which are eligible for insurance and some of which are not. It would be legal to offer insurance to full time employees but not part time employees; office employees but not shop employees; employees in the corporate office but not employees in the field office; employees in Accounting but not employees in Research and Development; employees in Research and Development but not employees in Accounting; or any other division that does not involve characteristics protected by law.

Once the eligible classes are established, all employees in the eligible classes must be offered insurance, whereas employees who are not in eligible classes need not be.

To determine whether or not your husband needs to be offered insurance, he needs to determine what the eligible classes are and whether or not he falls into one. Only his employer or the insurance carrier can answer this.

It is NOT true, however, that if one employee is offered insurance all must be.

[help202]

I am not sure what you mean by classes this is a restaurant I am a server. I know one of the hostesses out of the 5 we have has insurance and the prep cook. These are the only 2 I know for sure of except my employer who is the owner his wife, and his son. Most of the employees work 35 to 40 hours a week and have been employed there longer than she has. Anyway thanks for the help.

[cbg]

If you are looking for a law that says you have to be offered insurance because some employees have it, there isn't one.

It is not (necessarily) based on who has been here how long or how many hours you work. It COULD be based on either or both of these things, but it doesn't have to.

If he wants to offer insurance to only left-handed people, he can do that as long as the plan document says so and as long as all left-handed people are offered it.

Have you asked him for insurance?

[help202]

I have not asked him directly his wife last year looked into getting us insurance and later reported it would cost to much. That was the last anything was said about it. I found out by accident that he even had any kind of insurance and was carrying it for certain employees. It is I guess a secret.

[cbg]

Then your first step is to ask again.

[ecmst12]

Of course, if the boss is buying individual policies for some employees, rather then a group policy for the company, then there's no restrictions on who he can and can't offer it to.

[cbg]

And that is true as well. Good point.

Well, unless he was violating Title VII.