News & Analysis as of

Wellness Programs Employer Group Health Plans Medical Examinations

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

Epstein Becker & Green

EEOC’s Wellness Program Incentive Regulations Rejected by the District Court

Epstein Becker & Green on

On August 22, 2017, the U.S. District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission’s (“EEOC”) regulations defining what incentives an employer may use to promote participation...more

Seyfarth Shaw LLP

Seventh Circuit Declines To Address The EEOC’s Challenge To The Legality Of Employer’s Wellness Plan

Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employee lost his employer-funded health insurance because he failed to complete a medical examination required by his employer, the EEOC sued the employer under the ADA’s ban on involuntary...more

Jackson Lewis P.C.

Seventh Circuit Delivers Blow to EEOC Wellness Program Challenge, But Avoids Ruling on ADA Safe Harbor

Jackson Lewis P.C. on

On January 25, 2017, in Equal Employment Opportunity Commission v. Flambeau, Inc., the Seventh Circuit rejected an EEOC challenge to an employer wellness program. The circuit court had the opportunity to address whether an...more

Dechert LLP

EEOC, DOL, HHS and IRS Weigh-In on Employer-Sponsored Wellness Programs – Is Your Program Compliant?

Dechert LLP on

Wellness programs are trending in the U.S., especially with employers looking for ways to encourage and promote healthy lifestyles for their employees and to reduce the cost of their self-insured group health plan. Regardless...more

U.S. Equal Employment Opportunity Commission...

Wisconsin Court Rejects Employer’s Argument That Wellness Programs Are Insulated from Disability Law

Trial to Be Scheduled on Retaliation Claim - MILWAUKEE - A federal court has ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a disability discrimination case involving wellness programs filed...more

Seyfarth Shaw LLP

Just What The Doctor Ordered: Court Denies The EEOC’s Motion For Summary Judgment In ADA Suit Regarding Employer’s Wellness...

Seyfarth Shaw LLP on

Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more

Seyfarth Shaw LLP

EEOC Releases Sample Notice for Wellness Programs

Seyfarth Shaw LLP on

As we reported last month, the final Americans with Disabilities Act (“ADA”) rules require employers who offer wellness programs that include disability-related inquiries or medical examinations to provide a written notice to...more

U.S. Equal Employment Opportunity Commission...

EEOC Issues Sample Notice For Employers Offering Wellness Programs

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today posted on its website a sample notice that will help employers who have wellness programs comply with their obligations under a recently issued...more

McDermott Will & Emery

EEOC Model Wellness Program Notice

McDermott Will & Emery on

On June 16, 2016, the EEOC issued its model notice to be used in conjunction with wellness programs that ask disability related inquiries or require medical examinations. The notice requirement applies prospectively to...more

BCLP

EEOC Takes Aim at Erroneous Application of ADA “Safe Harbor” to Wellness Programs

BCLP on

In its preamble to the final regulations under the Americans with Disabilities Act (“ADA”) published May 17, 2016, which will be the topic of an upcoming blog post, the Equal Employment Opportunity Commission (“EEOC”) once...more

King & Spalding

EEOC Unveils Final Rules for Employer Wellness Programs

King & Spalding on

On May 17, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued two rules specifying how employer-sponsored wellness plans can comply with the Genetic Information Nondiscrimination Act (GINA) and the Americans...more

Nossaman LLP

Did You Know … Employers May Provide Limited Incentives to Encourage Participation in Workplace Wellness Programs under EEOC's...

Nossaman LLP on

On May 17, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued two final rules relating to how employer-sponsored wellness programs may comply with the Americans with Disabilities Act (ADA) and the Genetic...more

Miller Canfield

EEOC Issues Final Rules on Employer Wellness Programs; Clarifies Position on Incentive Caps, Confidentiality and ADA’s “Safe...

Miller Canfield on

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued two final rules regarding employer wellness plans, the first to amend existing regulations under the Genetic Information and Non-Discrimination Act...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Issues Final Rules on Employer Wellness Programs

On May 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final rules on employer-sponsored wellness programs. The final rules clarify the EEOC’s position on wellness plan compliance with the Americans...more

Dorsey & Whitney LLP

Quirky Question #270: A Win for Wellness Plans

Dorsey & Whitney LLP on

Question: Our company offers employees a self-funded and self-insured health plan. We’d now like to implement a wellness program. Can we require employees to complete a health risk assessment which requests personal medical...more

Polsinelli

EEOC Denied in Attempt to Apply ADA Rules to Wellness Plan Tied to Group Health Plan

Polsinelli on

On the last day of 2015, the U.S. District Court for the Western District of Wisconsin ruled against the Equal Employment Opportunity Commission (“EEOC”) in its suit against an employer under the Americans with Disabilities...more

Proskauer - Employee Benefits & Executive...

Big Employer Win in Wellness Program Case EEOC v. Flambeau

For the past couple of years, the U.S. Equal Employment Opportunity Commission (EEOC) has been challenging employer wellness programs for their alleged violations of the Americans with Disabilities Act (ADA). The most recent...more

McDermott Will & Emery

Flambeau Inc. Wellness Program Testing Falls Within ADA Safe Harbor

On December 30, 2015, a federal judge in the Western District of Wisconsin ruled in favor of Flambeau, Inc. (Flambeau) and against the Equal Employment Opportunity Commission (EEOC) in holding that Flambeau’s medical exams as...more

Fisher Phillips

All Is Well For Employers: Three Things You Need To Know About Court Ruling In Wellness Program Lawsuit

Fisher Phillips on

A federal judge in Wisconsin just issued a key ruling upholding an employer’s wellness program despite a challenge from the Equal Employment Opportunity Commission (EEOC). The decision, published on December 31, 2015, is a...more

Pierce Atwood LLP

Are Wellness Programs Worth It?

Pierce Atwood LLP on

Please see Chart below....more

Patterson Belknap Webb & Tyler LLP

Get Healthy (Or Else?): The EEOC Proposes New Rules to Define When Participation in an Employer Wellness Program Is “Voluntary”

Under Title I of the Americans with Disabilities Act (“ADA”), employers aren’t allowed to discriminate against workers based on health status. Under the ADA, employers can, however, ask workers for details about their health...more

Epstein Becker & Green

Mainstream Wellness Program Challenged in EEOC v. Honeywell

Epstein Becker & Green on

Despite promulgating a paucity of guidance on what constitutes a “voluntary medical exam” under the Americans with Disabilities Act (“ADA”), on October 27, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

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