Humana (HUM) is facing a proposed class action from a former employee who alleges the company imposed "discriminatory" tobacco-related health-insurance surcharges without offering a compliant alternative to avoid them.

The complaint, filed Tuesday in the US District Court for the Western District of Kentucky, claims the surcharge violates the Employee Retirement Income Security Act of 1974 and its wellness-program regulations by failing to provide a reasonable alternative standard and required disclosures.

Humana did not immediately respond to a request for comment from MT Newswires.

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