Is it discrimination for an insurance company to charge a surcharge on people who smoke?
Question Details: My employer's insurer is going add a surge charge to our insurance on people who smoke.
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.