I am sure you are right.
Consider that employers are not allowed to use any screening test for employment that has a "disparate impact" on women and minorities [adversely affecting their chance of being hired] unless they can demonstrate that it is absolutely necessary to do so.
It's not exactly a secret that more women and minorities (Asians excepted) have problems with weight control. So this penalty for excess weight has a disparate impact on them. Far more blacks have blood pressure problems than other groups. Again, disparate impact. And some minority groups smoke more than whites.
Once the lawyers figure this out, they are going to have a field day. Even if the courts won't extend the disparate impact concept to health insurance, lawyers will embarrass companies into stopping a program that they will claim targets the lowest paid workers.
I’ve read plenty of literature that demonstrates that most non-white people groups do NOT deal with the white flour white sugar Western diet very well. They tend to have real problems like obesity and diabetes when going on they typical American diet. For some American Indian tribes,the diabetes rate is about 40%.