Legal Question in Discrimination Law in California

My company requires only those employees over the age of 50 years to take an annual physical exam. If we do not turn in proof that the exam was done, our insurance premiums will double for the year of 2011. I know that a company can ask that all of its imployees get a physical exam but I am not sure they can do this by age group. My company is "self insurred" and it is administrated by

Blue Cross / Blue Shield.

Thanks,

Cary


Asked on 11/07/10, 2:47 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The company is not doing this 'out of the blue', it is being required to do so by its insurance carrier, just as they indicated. It is a reasonable assumption that both the insurance company and the company attorneys have researched and concluded that they are legally entitled to do this. While I don't like the action, I don't believe it would be found 'illegal' by the courts. If Obamacare goes into force, you will see many more such intrusive practices done at government direction 'for your own good'.

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Answered on 11/12/10, 3:46 pm


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