Legal Question in Employment Law in Wisconsin

Re: Discrimination

Your summary was a little hard to read because I could not tell what benefits are available to single employees, what benefits are allowed for married couples and what the restrictions really are.

However, based on what you wrote, the school's policy does not look like marital discrimination. First, it seems your union has not negotiated this benefit for employees in your situation. So, the school may not be obligated to provide it. Second, the reason you would be denied having the cash out and the benefit is because you would essentially be getting more than single employees - one of you would get insurance coverage, so neither of you would miss out there. And one of you would also want the cash value of not taking coverage. It sounds like you would be getting a double benefit. So the reason for the school's restriction is to avoid providing an extra benefit, not because you two are married.

Please remember this is just a quick opinion and not meant to be legal advice. You can consult with an employment law attorney to find out more or cam contact the Department of Workforce Development's Equal Rights Division to see if this is discrimination.