ATLANTA — A class action lawsuit filed last month claims that more than 100 Waffle House employees feel they were discriminated against for their smoking habit.
The lawsuit claims that employees are able to receive health insurance as part of a medical plan sponsored by the Atlanta-based company.
However, they say the plan requires them to disclose whether they use tobacco. If they do, they are required to pay a “tobacco surcharge” of $92 per month, which equals to about $1,104 per year.
The lawsuit alleges that these “tobacco surcharges” are illegal and Waffle House is not complying with the Employee Retirement Income Security Act.
It goes on to say that employees can participate in a wellness program and be refunded their tobacco surcharges or not be required to pay it. However, they claim that not every employee was told about the wellness program.
The class action lawsuit says it has more than 100 employees who have paid more than $5,000,000 in total.
They are asking for everyone who paid the tobacco surcharge be refunded their money.
Channel 2 Action News has reached out to Waffle House for a statement.
You can read the full lawsuit below.
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