Employer Costs and Conflicts under the Affordable Care Act

99 Cornell Law Review Online 56 (2013)

Illinois Public Law Research Paper No. 13-53

14 Pages Posted: 23 Jul 2013 Last revised: 6 Jan 2014

Suja A. Thomas

University of Illinois College of Law

Peter Molk

Willamette University - College of Law

Date Written: July 19, 2013

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.

Keywords: Affordable Care Act, retaliation, restructuring, employment, harassment, costs, health care, employer, insurance, part-time, full-time

JEL Classification: I11, J00, J21, J40, J50, J70, K31

Suggested Citation

Thomas, Suja A. and Molk, Peter, Employer Costs and Conflicts under the Affordable Care Act (July 19, 2013). 99 Cornell Law Review Online 56 (2013); Illinois Public Law Research Paper No. 13-53. Available at SSRN: https://ssrn.com/abstract=2296193

Suja A. Thomas (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

Peter Molk

Willamette University - College of Law ( email )

245 Winter St. SE
Salem, OR 97301
United States

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