is it dicremenatin for an insurance company to charge surge charge on people who smoke

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is it dicremenatin for an insurance company to charge surge charge on people who smoke

my employers insurance is going add a surge charge to our insurance on people who smoke i want to know if this is discremination

Asked on June 22, 2019 under Insurance Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Discrimination only applies in situations where a person is given lesser treatment due to their inclusion in a  legally "protected class". This means that under federal law, a person cannot be discriminated against due to their race, religion, nationality, gender, age (40 or over), disability, nationality and whatever other categories their specficic state may have) although none of them include smokers). Accordingly, smokers since are not part of any protected class, they can face a surcharge by their insurers. In other words, such a surcharge is legal. 


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