Section L: Retaliation Prohibited (HCSO Administrative Guidance)

Answers from the Retaliation Prohibited section of the HCSO Administrative Guidance.

1. Is it unlawful to discipline someone who refuses to sign an Employee Voluntary Waiver Form, even if that person is already receiving health insurance somewhere else?

Yes, it is unlawful for an employer to discipline, discharge, demote, suspend, or take any other adverse action against an employee for exercising his/her rights under this law.  One employer’s obligation to make a Health Care Expenditure for its Covered Employee is not affected by any other employer’s obligations; thus, it is illegal for an employer to fire an employee who does not wish to waive his or her right to the mandatory Health Care Expenditures, even if that employee is already receiving health insurance coverage from another employer.

Updated January 6, 2016

2. Is it illegal to refuse to hire someone who does not have health insurance?

Yes, it is unlawful for any employer to refuse to hire, to fire, or to discriminate against a person based on whether s/he possesses health insurance coverage. 

Last updated October 19, 2023