Monday, August 25, 2014

That is SO last week

Last week, the EEOC filed its first lawsuit claiming that an employer’s voluntary wellness program violates the Americans with Disabilities Act.  The EEOC claims that Orion Energy System’s wellness program violated the ADA when it required an employee to submit to a medical exam and respond to health inquiries unrelated to her position or job duties.  When the employee opted out of the program, Orion required her to pay the entire premium for her health benefits.
 
With 94 percent of employers with more than 200 workers offering some sort of wellness program, the EEOC has focused its attention on these programs to determine if they are truly voluntary and to see if they comply with the ADA.  Despite this focus, the EEOC has not yet issued guidance to could help employers design compliant programs.  Wellness programs remain attractive to employers because they can reduce costs, but they can also create risk if not carefully designed and implemented.
 
In other developments:
 
Discrimination
Technology
Wage and Hour 
Posted by: Kate Bischoff