Wellness program managers, take note: The U.S.Equal Employment Opportunity Commission is taking a close look atsuch programs to ensure they meet the tenets of the Americans with Disabilities Act.
The commission announced this week it had filed a second lawsuitchallenging a corporate wellness program design based on the EEOC'sinterpretation of the ADA. The target of this suit: Flambeau, Inc.,a Baraboo, Wisconsin-based plastics manufacturing company employing1,600 people.
The commission challenged the fairness of the program based on arequirement that employees submit to biometric testing and a“health risk assessment” as part of the program, or face what theEEOC called “dire consequences.” These included cancellation oftheir medical insurance unless the employee paid the full premium, and unspecified disciplinaryactions.
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Dan Cook
Dan Cook is a journalist and communications consultant based in Portland, OR. During his journalism career he has been a reporter and editor for a variety of media companies, including American Lawyer Media, BusinessWeek, Newhouse Newspapers, Knight-Ridder, Time Inc., and Reuters. He specializes in health care and insurance related coverage for BenefitsPRO.
