HSB Blog
Court's Ruling Requiring the EEOC to Reconsider Its "Wellness" Regulations
August 30, 2017
The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% of the employee cost for participation in any employer-sponsored “wellness” program to be considered voluntary or possibly return to its former position that any reward or penalty renders participation involuntary.
Another Win for Wellness
September 23, 2016
On Monday, September 19, the U.S. District Court for the Eastern District of Wisconsin issued an opinion finding that penalizing an employee by requiring the employee to pay the entire premium for participation in an employer’s healthcare plan if the employee refused to complete a voluntary health risk assessment to participate in the employer’s wellness program did not violate the Americans with Disabilities Act (ADA).
Final Rules on Employer Wellness Programs
June 23, 2016
The EEOC issued its Final Rules on how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs employers offer that request health information from employees and their spouses.
A Win for Wellness Programs
February 09, 2016
The EEOC’s thwarting of otherwise compliant wellness programs under the auspices of the Americans with Disabilities Act (ADA) is a bone of contention for many in our industry, me included. So I was intrigued to learn that a Wisconsin federal district court recently ruled that an employer may require mandatory participation in its wellness program as a condition of participating in the employer’s group health plan under the ADA’s safe harbor provision.
Long Awaited Guidance from the EEOC Regarding Wellness Programs!
April 22, 2015
The EEOC has issued its long-awaited guidance on wellness programs and what is considered involuntary under the ADA.PART ONE - Wellness Programs and the ADA: I disagree with the EEOC...
March 23, 2015
I disagree with the EEOC - an employer does not violate the Americans with Disabilities Act (ADA) by offering health insurance premium discounts to those who participate in its wellness program.