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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116816
Experience:  20+ Years of Employment Law Experience
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My company requires biometric screening for health care

Customer Question

My company requires biometric screening for health care coverage. If you fail more than 3, they are going to start charging us a $40/paycheck surcharge, as well as a $60/paycheck surcharge for smoking. Is this legal?
JA: What state is this in? Is the employment agreement "at will," union, full time or part time?
Customer: at will - I'm in Arizona
JA: Have you documented this or discussed it with HR?
Customer: not yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is actually not only legal, but under the new Affordable Healthcare Act many more insurers are going to this system because of the massive losses they claim they are taking on these plans. Smoking is not a civil right and many plans charge smokers more. So yes, this is legal that those who are not in good physical shape or smoke can be made to pay a surcharge on their premiums based on the fact that insurance research shows those individuals are more likely to incur higher medical expenses.