May an employer charge more for the same benefit provided to different employees?

Author: James O'Keefe, The Seabreeze Group LLC

Yes. In the absence of a contract to the contrary, an employer may charge different employees differing rates for the same benefit, provided, of course, the method chosen to set the rates does not violate the law. This would occur if the method chosen to set the rate is based on age, race, national origin, gender, religion, sexual orientation or any other protected status. In addition, under the Health Insurance Portability and Accountability Act it is illegal to charge more for health insurance premiums based on health factors such as medical conditions, claims experience, receipt of healthcare, genetic information, medical history and disability.