"Orion won on the voluntary standard issue, but there should be a concern about the court's application of the safe harbor provision in the Americans with Disabilities Act ... Employers have taken a position that the safe harbor applies and the court essentially ruled that out in this case, she said. The deference the court is giving to the safe harbor provision isn't what employers were hoping for[.] ... Some employer groups see this as a win for their side. The Orion decision is a 'very strong rebuttal' to the EEOC's final regulation that the limited incentives that employers can provide to participants in wellness plans can't go over 30 percent, Mark Wilson, chief economist at the HR Policy Association in Washington, told Bloomberg BNA[.]"

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