EEOC Assault of Employer Wellness Plans

December 23rd, 2014 by JBWK

The EEOC has brought its third lawsuit in recent months challenging an employer sponsored wellness
program under the Americans with Disabilities Act and Genetic Information Nondiscrimination Act,
asking a federal court in Minnesota to enjoin the implementation of any penalty or cost imposed on
employees who decline to participate in the employer’s wellness program. In this latest action, the
EEOC claims the employer’s program was not voluntary due to the “large” and “substantial” penalties.
Employers with programs that provide financial incentives or penalties for completing health risk
assessments or biometric screenings should review their plans to ensure they are truly voluntary
programs and do not penalize employees who choose not to participate.

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