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Biometric Screening Requirement Under Wellness Program Violates ADA and GINA, According to EEOC Suit
Jackson Lewis LLP Link to more items from this source
Oct. 30, 2014
"Failure to participate in the screenings would subject the employee to financial penalties. For example, an employee that does not participate would not be able to receive a company contribution to the employee's health savings account of up to $1,500 for the year. Additionally, the employee would be subject to a $500 surcharge on medical plan costs, as well as tobacco surcharges of $1,000 that apply to the employee and the employee's spouse if they fail to take the screenings.... Because of the incentives ... the EEOC claims that the examinations are involuntary, effectively forcing employees to submit to the biometric screenings. The Eleventh Circuit rejected a similar challenge in Seff v. Broward County, FL, applying a separate 'safe harbor' provision of the ADA." [EEOC v. Honeywell Int'l Inc., No. 14-cv-04517-ADM-TNL (D. Minn., petition filed Oct. 27, 2014)]

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