Nova 401(k) Associates
Nicholas Pension Consultants
Compensation Strategies Group, Ltd.
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|The Feds Are Wrong: Lots of Wellness Programs Violate the ADA|
The Incidental Economist
Nov. 20, 2015
"Workplace wellness programs discriminate. That's what they do.... The Affordable Care Act makes an exception, however, for wellness-based discrimination.... At the same time, the Americans with Disabilities Act ... says that employers can't conduct medical examinations, including medical histories, unless they're 'voluntary.' ... The question thus boils down to whether the EEOC can reasonably say that a health assessment is still 'voluntary' if there's a substantial financial penalty for refusing to take it. Notice that the ACA has no bearing on that inquiry. It's purely a question of the meaning of the ADA."
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