My boss of 21 years has opted to pay medical insurance on our part time lady bookkeeper while not paying for the insurance on another employee who has worked for him for 18 years. The older employee never had medical benefits while working full time but now works part time and fills in whenever asked. The lady is an attractive blonde the boss seems smitten with , and the other gentleman is 75. Does this not seem like an age descrimination suit? Or gender based suit? The lady knows that this is a great deal, she even told one of the other employees she could not work anywhere else and get medical insurance working part time. The benefits are the same as a full time employee would get.
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employee insurance issue
- Thread Starter fishies76
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In order for this to be age or gender discrimination, the basis for the decsion has to be BECAUSE of age or gender. That is not the case here. The boss being smitten with this employee and favoring her because of his personal feelings may be a foolish business decision but it's not against the law.
FYI - the boss might to check the contract language for the insurance plan and see if it even allows part-time employees to be included in the Plan. There could be a violation of federal benefit laws if employees are being allowed to participate in the Plan who are not eligible or who are not being offered participation and they should be (this all depends on how "eligible participants" are defined) but I don't see any gender or age discrimination going on. Plain old favoritism is not illegal.
FYI - the boss might to check the contract language for the insurance plan and see if it even allows part-time employees to be included in the Plan. There could be a violation of federal benefit laws if employees are being allowed to participate in the Plan who are not eligible or who are not being offered participation and they should be (this all depends on how "eligible participants" are defined) but I don't see any gender or age discrimination going on. Plain old favoritism is not illegal.
fact is
I guess question here is this:
All other employees have insurance, both genders, but only one part time employee has been allowed into the plan. I guess it seems to me that has been based soley on the sex of the part timer. Not being offered to all is the question. There isn't a plan administrator, just the insurance agent and the boss. I am afraid if I contact the agent , he may go to the boss.
I guess question here is this:
All other employees have insurance, both genders, but only one part time employee has been allowed into the plan. I guess it seems to me that has been based soley on the sex of the part timer. Not being offered to all is the question. There isn't a plan administrator, just the insurance agent and the boss. I am afraid if I contact the agent , he may go to the boss.
Insurance is not being offered to the part-timer because of her sex. It's presumably because the boss has a romantic interest in her which is a different matter entirely. Or you could be completely barking up the wrong tree. She may have made benefits conditional upon accepting the job offer and the boss said yes.
fishies76, I'm wondering what all of this has to do with you? Unless you've been charged by the boss to be "work place fairness officer," then I suggest you just let this go. If the boss is violating the plan document by providing her with insurance benefits, then the boss is the one who will have to pay the penalty to the gov't if it's uncovered. The boss clearly has made a decision regarding this employee's participation in the group health plan and I doubt it's up to you to sleuth around and determine whether it was proper/appropriate. Sometimes, you just need to mind your own business.
fishies76, I'm wondering what all of this has to do with you? Unless you've been charged by the boss to be "work place fairness officer," then I suggest you just let this go. If the boss is violating the plan document by providing her with insurance benefits, then the boss is the one who will have to pay the penalty to the gov't if it's uncovered. The boss clearly has made a decision regarding this employee's participation in the group health plan and I doubt it's up to you to sleuth around and determine whether it was proper/appropriate. Sometimes, you just need to mind your own business.
what is has to do with me
What is has to do with me is this , I am not sleuthing around this. This employee has been there for years without insurance, now after he raises all of the empoloyees deductibles because the insuranc is too high, he adds one part time employee. So as office manager I question how it can be offered to one part time employee and not to another. The employee that this was not offered to has been there longer and has worked there full time for many years. I am sorry you think it is not my business , but this definitely an issue. If the other employee was a young blonde female , he would probably get the insurance. Since he is an older gentleman he is not even considered. I handle a lot of issues with employees and I was looking for an answer fot htis employee!
What is has to do with me is this , I am not sleuthing around this. This employee has been there for years without insurance, now after he raises all of the empoloyees deductibles because the insuranc is too high, he adds one part time employee. So as office manager I question how it can be offered to one part time employee and not to another. The employee that this was not offered to has been there longer and has worked there full time for many years. I am sorry you think it is not my business , but this definitely an issue. If the other employee was a young blonde female , he would probably get the insurance. Since he is an older gentleman he is not even considered. I handle a lot of issues with employees and I was looking for an answer fot htis employee!
The bottom line is that without reading the insurance plan document or contract and what the eligibilty requirements are for participation, nobody can know whether your employer is violating any laws. I agree the situation looks suspect but if you aren't privy to the Plan details, then I just don't see that there's anything you can do about this. If the older part-time employee feels he is being unlawfully denied participation, then he can file a complaint with the federal Department of Labor. If he feel he is being discriminated against because of his gender and/or age, then he can file a complaint with your State's equal rights division or the federal EEOC. This is entirely up to him however and it is not something you can do on his behalf.
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