On January 25, 2017, the U. S. Court of Appeals for the Seventh Circuit issued a decision in the case of Equal Employment Opportunity Commission v. Flambeau, Inc. In Flambeau, the EEOC claimed the employer’s wellness program violated the American with Disabilities Act (ADA), since an employee was required to complete both a health risk assessment and biometric screening in order to be eligible for the employer’s health coverage. The Seventh Circuit refused to rule on the merits of the case since the employee resigned before the EEOC challenge, the employer terminated its wellness program, and the EEOC did not prove the employee was entitled to any compensatory or punitive damages.

The decision in Flambeau was based upon specific facts, and other cases challenging wellness program rules are still pending. Additionally, this is an evolving area and employer advocacy groups are continuing to ask for solutions to ease the administrative burdens on employers offering wellness programs. These changes may come through refocused EEOC enforcement efforts under the new Administration or, possibly, under Affordable Care Act replacement legislation. While employers should continue to ensure that their wellness programs comply with ADA and other laws affecting wellness programs, employers should be on the lookout for any court decisions or legislative actions that may apply to and reshape the wellness program rules.