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Thus, tobacco users are penalized based solely on their status as smokers, which violates ERISAs nondiscrimination provisions. The lawsuit goes on to allege that allowing companies like Caseys to exploit their participants and unlawfully extract millions from them under the guise of a wellness program that is, in reality, a cash grab, directly contradicts ERISAs purpose of protecting workers from health-based discrimination

This uncertainty makes it difficult for some to take a definitive stance

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