A Maryland federal judge allowed a proposed class action challenging Marriott International’s tobacco-user health surcharge to proceed, while dismissing several claims the court found insufficiently supported. The case was brought by Marriott employee William McNeil, who alleges the company violated the Employee Retirement Income Security Act (ERISA) by charging employees who use tobacco an additional $15 per week for health coverage without providing an adequate alternative way to avoid the surcharge. The lawsuit was filed in September 2025 in the U.S. District Court for the District of Maryland.
McNeil alleges Marriott’s employee communications referenced a smoking-cessation program but did not provide sufficient information about how employees could enroll or whether participation would allow them to avoid the fee. Marriott moved to dismiss the amended complaint in January, arguing the claims failed as a matter of law; McNeil opposed the motion in February, and Marriott filed its reply in March.
The lawsuit is proceeding under ERISA and remains before U.S. District Judge Theodore Chuang in Maryland.
