On December 30, 2015, a federal judge in the Western District of Wisconsin ruled in favor of Flambeau, Inc. and against the Equal Employment Opportunity Commission (EEOC) in holding that Flambeau’s medical exams as part of its wellness program and self-insured medical plan did not violate the Americans with Disabilities Act (ADA).
Susan M. Nash wrote this bylined article about the Equal Employment Opportunity Commission’s (EEOC) long-awaited guidance on when it will enforce the Americans with Disabilities Act (ADA) against employers who sponsor certain types of employee wellness programs. “Although still in proposed form, the proposed rule provides insight into EEOC’s approach toward regulating employer wellness programs,” Ms. Nash wrote.
The Equal Employment Opportunity Commission (EEOC) released a long-awaited proposed rule amending regulations implementing Title I of the Americans with Disabilities Act to provide guidance regarding the extent to which employers may use incentives to encourage employees to participate in wellness programs that include disability-related inquiries and/or medical examinations. The proposed rule provides insight into the EEOC’s approach to regulating employer wellness programs, so employers should consider reviewing their wellness programs for consistency with the proposed rule.
by Amy Gordon, Susan Nash and Jamie Weyeneth
On April 11, 2011, the U.S. District Court for the Southern District of Florida found in favor of the defendant’s (Broward County) motion for summary judgment in Seff v. Broward County. The plaintiff, which is made up of a class of present and former employees of Broward County, brought suit against Broward County based on its wellness program (administered by its insurer Coventry) claiming that the $20 charge assessed on each bi-weekly paycheck for each employee who participated in the group health plan and who did not complete the wellness questionnaire and undergo biometric screening violated the Americans with Disabilities Act (ADA). Broward County maintained that it did not violate the ADA since its actions are covered by the ADA’s safe harbor rules which covers entities involved in insurance plans. The court agreed with the defendant, Broward County, and held that the wellness program is permissible as it falls within the ADA’s safe harbor provision.
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