Investigation Concerning Termination of Smokers And/Or Charging Smokers Higher Healthcare or Disability Premiums
Practice Area: Employee BenefitsIn 30 states and the District of Columbia, state law makes it illegal for companies to impose smoking bans on their employees when they are off duty. In addition, the federal employee benefits law, ERISA, prevents employers from discriminating against and/or firing employees, here smokers, to interfere with the attainment of any right under a benefit plan, here the right to health benefits.
Recently, a number of companies, including Weyco and The Scotts Company, have instituted policies to terminate smokers, even if those persons do not smoke at work. The reason cited by companies such as Weyco and Scotts, for adoption of these policies is increased healthcare costs. Both liberal and conservative civil liberties groups have denounced these policies as an improper invasion of employee’s rights to conduct activities on their off hours. (For more information, click here)
There is also a trend toward charging smokers more for health insurance. A growing number of employers are requiring employees who use tobacco to pay higher premiums, hoping that will motivate more of them to stop smoking and lower healthcare costs. Among the list of firms reported to have such policies to charge smokers higher premiums include Cardinal Health, J.P. Morgan Chase, Meijer Inc., Gannett Co., American Financial Group Inc., PepsiCo Inc. and Northwest Airlines. Such policies may also violate the federal employee benefits law, ERISA.
Cohen Milstein is currently conducting an investigation as to whether such policies violate ERISA and/or state law. If a violation can be proven, reinstatement as an employee, and reinstatement in the plan or reimbursement of premiums (including back benefits) may be available as equitable relief under ERISA (although the scope of available relief under ERISA remains controversial).
If are a current or former employee of a company with such a policy and fall into one of the following categories, please contact one of the persons listed at the bottom of this page:
1. A smoker currently employed at a company which imposes higher healthcare premiums on smokers than non-smokers;
2. A smoker currently employed at a company which terminates persons who smoke; or;
3. A smoker terminated by a company as a result of a no-smoking policy.
For more information, contact:
R. Joseph Barton, Esq. jbarton@cohenmilstein.com
Eva Schildhause, Paralegal eschildhause@cohenmilstein.com
Cohen Milstein Sellers & Toll PLLC
1100 New York Avenue, N.W., Suite 500
Washington, D.C. 20005
Telephone: 888-240-0775 or 202-408-4600
The law firm of Cohen Milstein is a nationally recognized plaintiffs' class action law firm and has significant experience in representing employees injured by corporate misconduct.