Legal Question in Business Law in Massachusetts
My employer is paying 2 of my co-workers health premiums in total and only approximately 50% of mine. They are men, I am a woman. Is this discrimination? We are all salaried employees. I am the new HR Director here and what I did not know is that if the current weekly contribution for these employees for the health plan was $120.30 a week the owners are paying these 2 guys (friends) an increase of salary over their base salary of $6,255.60 per year to cover the cost. When the new rate jumped from $120.30 to $132.56 per week they complained about being short $12.26 per week so the owners increased their salary again to cover the additional contribution. This is how I found out about it and it does not apply to me or other salaried employees.
3 Answers from Attorneys
Discrimination is an act occurring against someone based upon a protected case ie female. When you indicate they are taken care of because they are friends that does not demonstrate discrimination.
It may not be fair in your eyes, but it is not discrimination. They simply gave them raises because they asked for it. I would think apart from being friends they have been there a long time and may feel they are entitled to raises.
They are not discriminating against you or anyone else for an improper reason. They have chosen to reward friends and probably employees of long standing.
As a Franchise Attorney I agree with the other attorney answers. If the company was not giving you health insurance because you were a woman, different story. At-will employment (most situations where there's no written contract or union) is subject to the will of either party. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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