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EEOC Challenges Employer's Wellness Program under ADA
Solutions Law Press Link to more items from this source
Sept. 21, 2014
"Although the alleged facts [in this case indicate the employer's] practices might be much more aggressive than in common use by most employers, the principles argued by the EEOC ... raise potential concerns for the growing number of employers relying on health risk assessment and other wellness programs to help manage health benefit costs, employee disabilities, and other concerns.... The sponsors of these arrangements often are unaware of or discount the likelihood that the EEOC might view these and other wellness benefit arrangements as violating the ADA prohibitions against medical inquiries that are not both job related and necessary to the job or other ADA disability discrimination prohibitions." [EEOC v. Orion Energy Systems, No. 1:14-cv-1019 (E.D. Wis., filed Aug. 20, 2014)]

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