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Shocking New Wellness Plan Lawsuit Calls Into Question Typical Plan Design
Quarles & Brady LLP Link to more items from this source
Oct. 31, 2014
"The Chicago office has filed three separate lawsuits in the past few months on wellness plans, but no other EEOC office has joined the effort. An employer which faces such a lawsuit would likely have some defenses. For example, an employer does not violate the ADA's 'no medical examination' rule if the medical examination is done to 'underwrite', 'classify' or 'administer' medical risks. An employer may also argue that its program does not violate the ADA under the 'voluntary' wellness program exception. The EEOC has acknowledged these exceptions exist, but has generally taken a narrow reading of the exceptions[.]"

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