UPS to charge $150/month tobacco surcharge to supervisors who use ecigs in 2014
- Thread starter Stinky Uncle Ed
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- Apr 2, 2009
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It's quite possible that litigation filed by an employee (who uses e-cigarettes, smokeless tobacco, or smokes an occasional cigar) against an employer (for charging higher healthcare insurance premiums) could be successful.
Unfortunately, any employee who sues his/her employer (for any reason) is not likely to have a long career with that employer (regardless of the outcome of the litigation). But if a vaper, smokeless tobacco user or NRT user files a lawsuit challenging an employer policy (banning the hiring of vapers, smokeless tobacco users or NRT users, or that charges them higher insurance premiums) I'll be pleased to serve as an unpaid expert witness in the case, and will be pleased to otherwise assist the lawyers who file the litigation.
About 25 states have enacted laws that prohibit some employers from not hiring smokers and that prohibit employers from charging higher insurance rates for smokers, and some of those state laws also apply to all other tobacco users.
In other states, however, courts have consistently upheld the right of employers to not hire cigarette smokers (in about half of the states that don't have laws prohibiting the practice). Although I'm not aware of litigation filed against an employer for charging employees who smoke differential health insurance premiums, I suspect that type of lawsuit wouldn't be successful in states where employers aren't required to hire smokers.
But since use of e-cigarettes, smokeless tobacco or an occasional cigar poses negligable if any increased disease risk, and does NOT increase healthcare insurance costs, there is no economic justification or rationale for charging higher healthcare insurance premiums to users of e-cigs, smokeless tobacco or occasional cigar smokers.
Tobacco companies funded the ACLU to lobby for "right to smoke" laws (and to oppose employer policies to not hire smokers) in the 1980's and 1990's, but the ACLU has done nothing in recent years to oppose employer policies that discriminate against smokeless tobacco users, occasional cigar smokers, vapers and NRT users.
Unfortunately, any employee who sues his/her employer (for any reason) is not likely to have a long career with that employer (regardless of the outcome of the litigation). But if a vaper, smokeless tobacco user or NRT user files a lawsuit challenging an employer policy (banning the hiring of vapers, smokeless tobacco users or NRT users, or that charges them higher insurance premiums) I'll be pleased to serve as an unpaid expert witness in the case, and will be pleased to otherwise assist the lawyers who file the litigation.
About 25 states have enacted laws that prohibit some employers from not hiring smokers and that prohibit employers from charging higher insurance rates for smokers, and some of those state laws also apply to all other tobacco users.
In other states, however, courts have consistently upheld the right of employers to not hire cigarette smokers (in about half of the states that don't have laws prohibiting the practice). Although I'm not aware of litigation filed against an employer for charging employees who smoke differential health insurance premiums, I suspect that type of lawsuit wouldn't be successful in states where employers aren't required to hire smokers.
But since use of e-cigarettes, smokeless tobacco or an occasional cigar poses negligable if any increased disease risk, and does NOT increase healthcare insurance costs, there is no economic justification or rationale for charging higher healthcare insurance premiums to users of e-cigs, smokeless tobacco or occasional cigar smokers.
Tobacco companies funded the ACLU to lobby for "right to smoke" laws (and to oppose employer policies to not hire smokers) in the 1980's and 1990's, but the ACLU has done nothing in recent years to oppose employer policies that discriminate against smokeless tobacco users, occasional cigar smokers, vapers and NRT users.
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