Health coverage status discrimination prohibited

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§ 561. Health coverage status discrimination prohibited

(a) For the purposes of this section:

(1) "Employee" shall have the same meaning as in section 2002 of this title.

(2) "Employer" shall have the same meaning as in section 2002 of this title.

(b)(1) No employer or employment agency or agent of either shall inquire about the health coverage status of a job applicant or in any way discriminate among applicants or employees on the basis of health coverage status.

(2) Nothing in this section shall prevent:

(A) an employer, employment agency, or agent from informing an applicant about the employer's health coverage benefits; or

(B) an employer from inquiring about the health coverage status of an employee to enable the employer to determine the number of uncovered employees pursuant to chapter 25 of this title, provided that the inquiry conforms to the employer obligations in chapter 25 of this title.

(c) Any person aggrieved by a violation of the provisions of this subchapter may bring an action in Superior Court seeking compensatory and punitive damages or equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees, and other appropriate relief. (Added 2007, No. 70, § 28.)


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