Legal Question in Employment Law in Illinois
I work at a small company which is owned by a larger corporation. We have a company health care plan which many of us opt our of and choose to use our spouses plans which are vastly superior. Recently Corporate sent out something about a health survey they want filled out by those on the corporate plan and have offered an incentive for people which would be a chance to win one year of free healthcare ($1000-$4000) equivalent. Those who did not have the plan last year are automatically excluded. My individual company upped the ante by offering a chance to win two $50 gift cards to those individuals who filled out the survey by October 6th (which they have now distributed) and another two $50 gift cards to those who complete it between now and October 15th. I (and apparently a few others) have stated our disagreement with this and how we feel it is unfair to those of us who had opted out of the plan and was basically told tough luck. Does this count as a discrimination, as several of us have been deliberately excluded?
2 Answers from Attorneys
Discrimination is only illegal when it is based on being a member of a protected class, for example, race, religion, age, etc.
Whether this contest is legal or not depends on numerous factors, and an attorney would need much more information before being able to answer with any degree of certainty.