Accessibility Tools

Skip to main content

Dangers of Additional Surcharges to Employees with Bad Health Habits

Written on .

The Employee Retirement Income Security Act (ERISA), has anti-discrimination provisions which require healthcare plans with surcharges for poor health practices to provide a reasonable alternative standard to such surcharges.

Lately there has been a slew of litigation pertaining to tobacco surcharges by health plans, more than a dozen recent lawsuits.  A recent lawsuit at Bass Pro Group alleged the company's health plan violated this law which requires plans with tobacco surcharges to provide a reasonable alternative standard like participation in a smoking cessation program, in lieu of surcharges.  Plaintiffs contended the tobacco cessation program used by the employer went too far because workers could not avoid the penalty by completing the program, but instead had to remain tobacco-free for a period of time.  The employer settled the class action with tobacco-using workers for approximately $5 million.  

This article is part of our February 2025 Newsletter. 

View newsletter online

Download the newsletter as a PDF

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
chaotic light lines
On July 10, 2026, E-Verify notified employers that work authorization is extended temporarily through July 24, 2026, for workers from the f…
connected spheres
The U.S. Department of Labor (DOL) announced on April 22, 2026, a new proposed rule clarifying when multiple employers are jointly liable f…
plaintiff sign
The Federal Arbitration Act (FAA) encourages the use and enforcement of arbitration agreements, although the Act contains an exception for…
3
On April 13, 2026, President Trump nominated James Macy to fill the third vacant Republican seat on the National Labor Relations Board (NLR…
deception
An employer official named in a graphic sexual harassment suit brought a counter-claim against her accuser for defamation, calling his alle…
pointing to computer
No personnel issues have been debated longer and more thoroughly than that of the utility of performance reviews.  Some argue that such rev…