Hackensack Meridian Health Inc. was hit with a proposed class action challenging its practice of imposing a health-plan surcharge on covered employees who smoke.
The lawsuit against the New Jersey health system is the latest in a surge of litigation alleging that employers are violating non-discrimination provisions of the Employee Retirement Income Security Act by penalizing smokers without offering them a way to avoid the surcharge if they comply with a “reasonable alternative,” such as a smoking cessation program.
Lead plaintiff Keith Snyder alleged that Hackensack Meridian imposed a $30 monthly surcharge on smokers but failed to provide a clearly ...