‘Mystifying’ | Revealed: Macy's 7-year feud with DOL over 'discriminatory' employee health plan policy that penalizes smokers

Macy’s continues to push back against a Department of Labor (DOL) lawsuit which aims to regulate a policy to penalize workers who smoke with higher health coverage costs.

The retailer renewed its attempts to dismiss the suit filed by the DOL, first filed seven years ago, spurred on by the Supreme Court’s overruling of the Chevron defense.

In June, the Supreme Court ruled that judges should no longer defer to agencies in interpreting ambiguous parts of statutes, limiting the power of agencies including the DOL and US Equal Employment Opportunities Commission (EEOC) during court proceedings.

Macy’s argues the department’s attempts to regulate the use of penalties for smokers in its health coverage plans are “mystifying.”