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EEOC Cracking Down on Workplace Wellness Programs
Warner Norcross & Judd LLP Link to more items from this source
Dec. 15, 2014
"It seems unlikely, given the lawsuits brought to date, that the EEOC would spend finite resources attacking wellness programs designed so that the premium differential is not dependent on medical examinations or completion of HRAs. However, most employers have routinely rejected such wellness programs as failing to provide sufficient return on investment. Will the EEOC continue to challenge more typical wellness programs where failure to participate only triggers penalties in the 30-50% range specifically permitted under HIPAA and PPACA? ... Is there a direct correlation between the amount of the financial impact to the employee and the risk of a lawsuit being brought by the EEOC?"

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