Benefit Discrimination

[JReece]

Today my company distributed information for "Associate Benefits 2000". In this brochure, it states, "To further control rising healthcare costs, a $5 (per bi-weekly pay period) tobacco-use premium will be charged to associates and eligible dependents enrolled in the Company Medical Plan, an HMO, the Starbridge Medical Plan, or the new ValuePlus Health Plan, if they reside in a household where the associate or any family member uses tobacco products. If you and every family member who resides within your household do not use tobacco products, you should complete a tobacco-free confirmation statement and return it to your human resources representative in order to receive the tobacco-free discounted contribution rates beginning January 1, 2000." Is this considered discrimination? To me, it is the same a saying if you or anyone in your household is female, you will be required to pay $5 a payperiod ($10 monthly) extra in healthcare benefits. Also, let's discuss the living arrangement situation. My boyfriend and I live together, yet he is not an "eligible dependent" under the company policy. He cannot receive healthcare insurance, dental insureance, life insurance because we are not married. I cannot take off work to take him to the doctor, the emergency room, a death in his family, etc. without it being considered a vacation day. Yet, because he is a tobacco-user residing in my household, I have to pay an extra $5 a pay period (total $20 monthly, since I am also a tobacco-user)? I believe that this is certainly pushing the envelope and the grey area of healthcare and tobacco use. I realize that all insurance realated policies ask this question, however, they do not charge extra because you are a tobacco-user...you are not penalized or criticized. Please pass along any information that I may research in order to calm my hostility towards this company statement. My email is reece110@hotmail.com. Thank you!!

 

[Charles C]

I never heard of this before, but it does not seem to be discriminatory. It applies equally to men and women, whether married or unmarried, and couples, straight or gay, or even roommates r family members. From an insurance and public health standpoint it is smart as SMOKING KILLS. My first wife died of cancer because she smoked.

 

[Attorney_Replogle]

As a California attorney, I would strongly urge you to use this web site to find a labor lawyer nearest you. Then consult with him on this issue. Off the top of my head I am not sure what laws would apply to your situation regarding the $5 tobacco charge. For to a large degree such plans are regulated by various federal laws, however your state may have other laws that apply. To begin the analysis, obviously health insurers can set reasonable standards upon which they will base their premiums, such as tobacco use by the insured. However, the latest studies on so-called second hand smoke have proven that not one single person has died from this. Nor are there any undisputable non-fatal injuries that have resulted from this phenomenon. Thus, based on the latest scientific facts, you could argue that the health insurance carrier was arbitrarily setting standards in violation of laws XYZ. Regarding the non-tobacco related issue of whether your boyfriend is covered by any company policies, that is another item that you should consult an attorney about. For I believe that Bill Clinton signed into law an extension of federal employment benefits that would cover him. I know there are various laws that favor homosexuals, so perhaps you could argue that you are discriminated in this case based on your sexual orientation. Good luck!

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Mark B. Replogle

 

[jreece]

Thank you very much for your time and your advice.