EEOC Issues Proposed Wellness Rules

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The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it will publish a Notice of Proposed Rulemaking on April 20 that addresses how the Americans with Disabilities Act (ADA) applies to employee wellness programs. To read the EEOC’s proposed rules in full, click here.

As past Mueller QAAS blog posts have detailed, the EEOC has been at odds with some employers about how incentives can be used to persuade employees to participate in wellness programs. Last ...

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EEOC Encouraged to Clarify Wellness Rules

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During a U.S. Senate meeting January 29, 2015, Senators chastised the EEOC for its unclear and inconsistent actions recently taken on employer-sponsored wellness programs.  This year, the EEOC has filed suit against Honeywell, Orion Energy Systems, and Flambeau Inc., claiming violations of the ADA and GINA.  This conflicts with messages from the Government and within the Affordable Care Act that allow employers new freedom to design wellness programs to improve employee health.

Testimony from employers and disability organizations expressed their concerns. ...

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EEOC Wellness Lawsuits Highlight Tension Between ACA, ADA

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Between August and October 2014, the U.S. Equal Employment Opportunity Commission (EEOC) filed three lawsuits against employers in Minnesota and Wisconsin over their workplace wellness programs. The EEOC claims that the programs violated the Americans with Disabilities Act (ADA), while the employers argue that their practices are specifically authorized by the Affordable Care Act (ACA).

Employers and HR professionals are watching the cases closely because workplace wellness programs are increasingly common, and the rules surrounding them are unclear. A 2014 Mercer ...

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EEOC Wasn’t Kidding-Another ADA & GINA Lawsuit

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The EEOC prioritized barriers to recruitment and hiring and emerging issues (like GINA) within its 2013-2016 enforcement plan.  This latest lawsuit is a step towards that goal.

Cummins Power Generation of Shoreview, MN was recently sued by the EEOC for violating the American’s with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).  Cummins required an employee to sign various medical release forms before taking a fit-for-duty exam.  The employee was told to sign the medical releases or face termination. ...

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Wisconsin Company Sued by EEOC for Wellness Violations

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The US Equal Employment Opportunity Commission (EEOC) recently filed a lawsuit against Manitowoc, WI based Orion Energy Systems Inc.for instituting a wellness program that violated the Americans with Disabilities Act (ADA).  The suit claims that Orion asked health plan enrollees to participate in a medical examination as part of its wellness program.  An employee that refused to participate in the wellness program was required to pay 100% of the premium for health insurance and was eventually terminated for objecting to ...

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