To Encourage Its Employees to Be Healthier,RayCo Industries Revamped Its

Multiple Choice

To encourage its employees to be healthier,RayCo Industries revamped its health insurance programs,and added certain provisions relating to weight and smoking status.Effective in the new plan year,employees who smoke are required to pay a $300 premium surcharge if they or their spouse smoke.In addition,employees who do not meet certain weight,blood pressure and cholesterol criteria must pay additional premiums of up to $1,500 per month for health insurance coverage.These surcharges are designed to cover the additional costs that these employees and/or families are expected to incur based on their unhealthy behaviors.Weight loss and smoking cessation programs were made available to employees and families.In addition,deductibles and copays were reduced for medical services related to smoking cessation and weight loss,as well as certain preventative testing.If an employee fails to quit smoking or lose weight in compliance with the new program,what might be the result?

A) The employee may be able to file a claim under the state's lifestyle discrimination statue (if the state has one) .
B) The employee will have to pay the surcharges or forego coverage under the plan.
C) The employee has a cause of action based on intrusion of seclusion by the employer.
D) All states permit employers to regulate the off-work activities of employees, so the employee has no cause of action.