Lawsuit: Casey’s exploits employees with tobacco-use surcharge
The
The surcharge, which is alleged to be
Filed in
Attorneys for Blalock allege that all
In addition,
The lawsuit is based on the requirements of the Employee Retirement Income Security Act of 1974. ERISA allows employers to deduct from workers' pay a tobacco-use surcharge, but only in connection with wellness programs that meet specific federal guidelines established in 2014. Those regulations state they are intended to ensure corporate wellness programs actually promote health as opposed to being a "subterfuge for discriminating based on a health factor."
The lawsuit alleges
ERISA bars any health insurer or medical plan from discriminating against participants by charging premiums based on a "health-related factor," including tobacco use. It does, however, allow group health plans to establish premium discounts or rebates" in return for adherence to programs that promote wellness and disease prevention.
"There is no smoking-cessation program, waiver, or alternative route for tobacco users" to avoid the surcharge, the lawsuit alleges. "The only avenue for smokers to avoid the surcharge is to quit smoking and then submit that change in status to the benefits department. Thus, tobacco users are penalized based solely on their status as smokers, which violates ERISA's nondiscrimination provisions."
The lawsuit goes on to allege that "allowing companies like
According to the lawsuit, Blalock has forfeited to
In seeking class-action status for their lawsuit, the plaintiff's attorneys argue the amount of money at issue exceeds
The lawsuit seeks unspecified damages for unlawful imposition of a discriminatory tobacco surcharge and breach of fiduciary duty.
The plaintiff is represented by attorney


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