ABA Family Legal Guide

Law and the Workplace

On the Job

Discrimination Based on Gender

May employers provide health-care coverage for dependents to married male workers but deny it to married female workers?

No. Title VII prohibits all discrimination in benefits based on sex. Employers don't have to offer health insurance at all, to employees or their spouses, but if they do they can't discriminate. Thus, if the employer provides health insurance benefits to the spouses of male workers, it must provide the same coverage to the spouses of female workers. Moreover, the extent of the coverage provided for dependents must be equal. For example, if all medical expenses of female workers' spouses are covered, then all medical expenses of male workers' spouses must be covered.