Tobacco Surcharge

[CindyLou]

My company is charging me an additional Tobacco Surcharge of $25.00 a month because I smoke tobacco. I told them that under the HIPPA law, this is discrimination due to the fact that I have a disease. I am addicted to Nicotine. I sent them a note from my doctor, which stated I have been addicted to nicotine for several years. They replied, "There would have to be a medical condition, or diagnosis, that would make it detrimental to your health for you to stop smoking. The doctor would need to submit a letter detailing the medical diagnosis that would be an issue if you stopped smoking." My understanding of the HIPPA law is the fact that they have to offer me programs to try to stop smoking. And I, in turn, need to participate in order for the surcharge to be waived. I do not have to successfully quit smoking, but as long as I participated in a program, they cannot charge me a Tobacco Surcharge. Can they legally charge me this surcharge? Any input is greatly appreciated! Cindy

[CindyLou]

I don't mean to be rude, but I thought this was a forum where I can find answers to legality questions. It appears that people just post and no replies are given. Can anyone help me out with my question on Tobacco Surcharge?