Q. I filed an age discrimination claim with the Equal Employment Opportunity Commission. What are my options if the claim is dismissed?
Q. My company, which provides health insurance for my husband and me, is asking subscribers to take a health risk assessment or pay an extra $25 a month in premiums. The assessment requires us to answer questions and have lab work done by insurance company doctors. Is this legal?
Q. My husband’s company is trying to force a large group of boomers into early retirement by capping the company’s contribution for medical benefits on Dec. 31, 2006. If the boomers retire before that date, most would receive less than 80 percent of their projected pension benefit. If they delay until after that date, they may get a larger pension but will have to pay more for medical benefits. Is this legal?
Q. I filed an age discrimination claim with the Equal Employment Opportunity Commission. What are my options if the claim is dismissed?
A. Even if your claim is dismissed by the EEOC, you can still move forward and file suit. The Age Discrimination in Employment Act (ADEA) requires that you file a claim first with the EEOC in order to preserve your right to sue. Under this law, unlike other federal employment discrimination laws, you don't have to wait for the EEOC to issue a "right to sue" letter. The ADEA allows you to sue after 60 days have elapsed from the date you filed your claim. If you get a letter from the EEOC saying that it has dismissed your claim and you still wish to sue, you must do so within 90 days. To learn more, visit www.eeoc.gov. —Expertise provided by Tom Osborne, April 2006
Q. My company, which provides health insurance for my husband and me, is asking subscribers to take a health risk assessment or pay an extra $25 a month in premiums. The assessment requires us to answer questions and have lab work done by insurance company doctors. Is this legal?
A. Yes. Because your employer is charging a lower premium for those who take the assessment, regardless of the actual results, it appears to meet the standard of the law. According to the Health Insurance Portability and Accountability Act of 1996, group health plans are prohibited from discriminating in premiums or contributions among people who are in similar situations based on health factors. In your case, the premium discount depends solely on taking the assessment—not on what the assessment may show about your health. —Expertise provided by Geraldine Smolka, March 2006
Q. My husband’s company is trying to force a large group of boomers into early retirement by capping the company’s contribution for medical benefits on Dec. 31, 2006. If the boomers retire before that date, most would receive less than 80 percent of their projected pension benefit. If they delay until after that date, they may get a larger pension but will have to pay more for medical benefits. Is this legal?
Numerous court cases have addressed the issue of whether companies may unilaterally alter the health benefits promised to their employees at retirement and whether that promise is binding and enforceable. Generally, if a plan reserves the company’s right to modify the benefit, the courts will uphold that right. In regard to pension benefits, an employer cannot reduce a worker’s accrued benefit. Contact an attorney to find out if legal action is appropriate in your husband’s particular situation. —Expertise provided by Mary Ellen Signorille, July 2005
Most Popular in Your World
Share
preview