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Text of Federal District Court Opinion: Wellness Program Was Voluntary But Did Not Satisfy EEOC Safe Harbor; EEOC May Apply Rules Retroactively (PDF)
U.S. District Court for the Eastern District of Wisconsin 
Sept. 20, 2016
21 pages. "While Orion sought to develop a wellness program ... to benefit economically by mitigating its health insurance costs, it did not perform any underwriting or risk classification for the purpose of calculating insurance premiums ... Only in the broadest sense is Orion's wellness initiative related to insurance. Adopting Flambeau's expansion of the safe harbor provision to employers providing wellness plans goes well beyond the provision's narrow scope.... [E]ven a strong incentive is still no more than an incentive; it is not compulsion. Orion's wellness initiative is voluntary in the sense that it is optional." [EEOC v. Orion Energy Systems, Inc., No. 14-1019 (E.D. Wis. Sept. 19, 2016)]
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