News & Analysis as of

Voluntary Participation Medical Examinations

Constangy, Brooks, Smith & Prophete, LLP

ADA challenge to wellness incentives stays alive

Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review...more

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

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED March 2021

Husch Blackwell LLP on

Update: The Alert below discuses wellness rules proposed by the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. Those proposed...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED February 2021

Husch Blackwell LLP on

On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules. If the proposed rules become effective, they will significantly restrict the ability of employers to provide incentives...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

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

Spilman Thomas & Battle, PLLC

EEOC Issues Notice of Proposed Rulemaking on Interplay Between ADA and Employee Wellness Programs

Despite existing guidance available to employers under the Affordable Care Act (“ACA”) and the Health Insurance Portability and Accountability Act (“HIPAA”), employers have long faced uncertainty about the legality of their...more

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