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Eleventh Circuit Offers an Alternate Path for Analyzing Whether Wellness Programs Comply with the ADA
Morgan Lewis 
Sept. 18, 2012 "Until now, the challenges to wellness programs ... have focused on whether a program is truly 'voluntary' and whether a program poses medical inquiries that violate the ADA.... [This decision] appears to bypass the EEOC's 'voluntary' analysis by holding that a wellness program that falls within the ADA's safe harbor for bona fide benefits plans need not comply with the ADA requirements regarding medical examinations and inquiries for employees." [Seff v. Broward County, No. 11-12217 (11th Cir. Aug. 20, 2012)] |
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