Performance Food Draws Suit Over Health Plan ‘Tobacco Surcharge’

Performance Food Group Inc.'s health insurance surcharges unlawfully discriminate against employees who use tobacco products, according to a new lawsuit.

A Performance worker claims the company levies a “tobacco surcharge” that “unjustly” forces certain employees to pay higher health insurance premiums based on their health status. The added costs violate the Employee Retirement Income Security Act’s anti-discrimination provisions, she says.

Performance is the latest in a string of prominent companies like Target Corp., Walmart Inc., and 7-Eleven Inc. that have been sued in putative class actions in recent weeks over allegations of similar ERISA violations.

Plaintiff Donna B. ...