EEOC to Take Up Employee Wellness Programs
Author: Melissa Burdorf, XpertHR Legal Editor
The Equal Employment Opportunity Commission (EEOC) is scheduled to hold a public meeting on Wednesday, May 8, at 9:00 am (EST), to discuss how employee wellness programs should be handled under the Americans with Disabilities Act (ADA) and other laws enforced by the EEOC. The employer community has long been waiting for EEOC guidance in this area and this meeting will bring them one step closer.
Wellness programs typically encourage employees to make healthier lifestyle choices and decrease their risk of disease. However, as part of a wellness program, employees may be asked disability-related questions (such as questions relating to the employee's current health status asked as part of a health risk assessment) and may be given medical examinations (such as blood pressure or cholesterol screening).
Generally, under the ADA, such questions or exams would need to be business-related and consistent with the employee's job. However, the ADA does allow employers to conduct medical examinations and ask disability-related questions as part of wellness programs, so long as the programs are voluntary - meaning, the employer does not mandate participation and does not penalize employees who choose not participate in such a program.
Employers may also provide some form of financial incentive to get employees to participate in wellness programs; however, the EEOC has yet to take a firm position on whether, and to what extent, a monetary reward equates to a requirement to participate, or if withholding a reward from non-participants should be considered a penalty (making the program involuntary). Recently, one company went as far as telling employees that they must undergo a wellness screening or they will lose $50 from their paycheck each month.
The EEOC is planning to hear from many distinguished panelists ranging from the EEOC's Acting Associate Legal Counsel, to a partner from a large law firm, to a Deputy Legal Director of a Mental Health Center. The meeting will be held at the EEOC's agency headquarters located at 131 M Street NE, Washington, D.C. The public is invited to attend.
Additional Resources
Employee Management > Disabilities (ADA) > Wellness Programs
Implement Wellness Initiatives
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Employers - Be Prepared for ACA, GINA and Wellness Plan Compliance Audits!