Monday, August 19, 2013
Thanks to Joe Seiner (South Carolina) for bringing to my attention this recently published article by Suja Thomas (Illinois) and Peter Molk (VAP lllinois) entitled: Employer Costs and Conflicts under the Affordable Act. It is published in the Cornell Law Review Online.
Here's the abstract:
In January 2015, qualified employers must provide health care coverage under the Patient Protection and Affordable Care Act of 2010 or face a fine. As employers actively attempt to minimize the costs that they will incur, the possibility emerges that employers will retaliate against or harass employees who seek coverage. This Essay discusses the protections for employees under the law and the possible deficiencies in the law. It shows that employers and employees often have contrasting incentives – employers to avoid coverage, and employees to take coverage – and these incentives may result in employer harassment and retaliation of employees. Presently, in an analogous context, employees often raise retaliation claims after they have complained of discrimination, and these claims have had significant success. Because of similarities between these situations, comparable retaliation under the ACA is likely, and perhaps it will occur even more due to the significant specific costs that employers face under the ACA.
As Joe points out, this timely article on the employment law implications of the Affordable Care Act has already been covered fairly extensively by the Wall Street Journal. The WSJ cites are here and here (behind pay wall). Check it out while it is hot.