Employer charging spousal surcharge for health insurance even if she is stay at home

[jvanburen]

My employer on July 1st is going to start charging a surcharge for my stay at home spouse (mother of 3) of $75/bi weekly regardless if she has access to insurance or not. If she did work and had access to insurance they would not cover her at all. Is this legal. I understand the surchage if she worked and had access to insurance elsewhere but she does not.

Also, doesnt apply to me, but if you are single and have two jobs and the other job also offers insurance my employer does not charge any surcharge they said this only applied to a spouse. I have read were this is discriminating on the basis of marrige and employers have been taken to court and lost.

Any comments.

 

[mightymoose]

Is she eligible for any kind of coverage through your plan? It does not matter if she uses the coverage. If they provide coverage for her then they can charge for it.
You should have the option to remove her from your insurance coverage if you don't want to pay for more than your self, but that is not likely wise.

 

[cbg]

Marital status is not a protected characteristic under either Federal or Tennessee employment law, so such cases would fail in your state.

FYI it is legal in all 50 states to charge more for two people than for one person. Why on earth would you imagine it is not?