Are there rules against sex discrimination in health benefits?

A difference in employer-provided health benefits offered to male employees and to female employees may be considered unlawful discrimination. It is unlawful under the Civil Rights Act of 1964 and related guidelines issued by the Equal Employment Opportunity Commission (EEOC), to discriminate on the basis of sex in providing fringe benefits, including medical, hospital, accident, and life insurance benefits.

In contrast to the rules for age discrimination in health benefits, the fact that the cost of these benefits is greater with regard to one sex than the other is no defense for an employer against a sex discrimination charge. In other words, inequality in costs does not amount to unlawful sex discrimination. but inequality in benefits does. Also unlawful is providing benefits based on whether the employee is the "head of the household" or the principal wage earner in the family.

An employer who offers benefits to wives and families of male employees also must offer those benefits to husbands and families of female employees. In addition, any benefits made available to an employee's spouse must be made available to any employee of the same sex as the spouse.

Employers need to be concerned with discriminatory features of plans to which employees do not contribute as well as of those to which employees do contribute.