Additionally, they allege that the cessation program is overly strict but have not provided clear metrics to substantiate that claim.
Broader Implications
The lawsuit underscores ongoing debates over wellness program surcharges and the extent to which they comply with ERISA’s anti-discrimination provisions. A ruling in favor of Advocate Aurora Health could strengthen employer defenses for such programs, while a decision for the plaintiffs may require employers to reevaluate how they design and administer wellness incentives.
