Since 1996, when Congress passed the Health Insurance Portability and Accountability Act (HIPAA), employers have been struggling with whether and to what extent they could offer incentives to employees to participate in certain “wellness programs.” The Equal Employment Opportunity Commission’s (EEOC) position on these programs has been a significant driver of those struggles, primarily due
What Employers Need To Know About Michigan’s Approach To COVID-19
With 53 presumptive-positive cases of the novel coronavirus (COVID-19) in Michigan as of March 15, Michigan is taking proactive steps to reduce transmission of the virus. Below is a brief synopsis of what employers need to know.
On March 10, 2020, Michigan’s Governor Gretchen Whitmer declared a state of emergency in Executive Order 2020-4.
Has the Grinch Stolen Wellness Plans this Christmas?
Twas the week before Christmas, and all through the country,
Employers wanted to help their employees be healthy,
But unfortunately some lawyers, and the EEOC
Limited plans that ask about disability…
Continue Reading Has the Grinch Stolen Wellness Plans this Christmas?
The Fate of the EEOC’s Wellness Regulations is Still Uncertain
In October 2016, AARP sued the Equal Employment Opportunity Commission (“EEOC”) under the Administrative Procedures Act (“APA”) arguing that there was no explanation for the shift in the EEOC’s position relating to what makes participation in a wellness program “voluntary”. Originally, the EEOC argued that in order for a wellness program to be “voluntary,” employers
EEOC and Orion Energy Systems, Inc. Settle Wellness Case
On April 5, 2017 the Equal Employment Opportunity Commission (EEOC) announced that it had reached a settlement with Orion Energy Systems, Inc. (Orion) relating to the EEOC’s claims that Orion’s wellness program violated the American with Disabilities Act (ADA) because participation was involuntary, and that Orion retaliated against an employee who objected to the program.
House Legislation Seeks to Harmonize Wellness Programs with ADA and GINA
On March 2, 2017, in an attempt to clear the murky waters surrounding wellness programs, Rep. Virginia Foxx, chairwoman of the House Committee on Education and the Workforce, introduced the Preserving Employee Wellness Programs Act (the “Act’) (H.R. 1313). In an effort to protect wellness plans, the Act reaffirms existing law which permits
Seventh Circuit Delivers Blow to EEOC Wellness Program Challenge, But Avoids Ruling on ADA Safe Harbor
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 employer’s wellness program was an involuntary medical examination pursuant to the ADA, 42 U.S.C. 12112(d)(4), but instead found the
AARP Suffers a Setback in its Challenge to the EEOC’s Wellness Regulations
As previously discussed, AARP has filed suit against the EEOC and challenged the agency’s wellness regulations. See https://www.disabilityleavelaw.com/2016/10/articles/ada/the-eeocs-2016-wellness-program-regulations-the-saga-continues/ On December 29, 2016, this challenge suffered a setback. In the December 29, 2016 Memorandum Opinion, U.S. District Judge John D. Bates denied AARP’s request for preliminary injunction and held that the regulations would take effect
EEOC’s 2016 Wellness Program Regulations, The Saga Continues…
The EEOC’s 2016 wellness program regulations are once again under fire. On October 24, 2016, AARP filed a complaint against the EEOC in D.C. federal court challenging the EEOC’s rules relating to wellness programs. See AARP v. EEOC Specifically, AARP seeks a ruling that the 2016 Regulations relating to the Equal Employment Provisions of the
Federal Court Simultaneously Rejects and Upholds EEOC’s Positions on Wellness Programs – Rejects Employer’s ADA “Safe Harbor” Defense
In a much anticipated decision, a Wisconsin federal district court has granted Orion Energy Systems, Inc.’s summary judgment on the EEOC’s challenge to its wellness program design. See Sept 19, 2016 Decision and Order. While largely good news for Orion, the ruling creates even more confusion for employers seeking clarity on wellness program design principles.