On May 8, 2013, the Equal Employment Opportunity Commission (EEOC) hosted a meeting with a group of invited panelists on the treatment of wellness programs under federal law. According to the EEOC, the discussion will focus on various ways employer wellness programs may implicate the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and other anti-discrimination statutes enforced by the EEOC. Whether this is a beginning of a new enforcement initiative remains to be seen. Either way, employers should be mindful of potential pitfalls under the Americans with Disabilities Act and the Health Insurance Portability and Accountability Act, and work with outside counsel to acertain how plans may affect employees with health issues.
Is the EEOC Set to Scrutinize Employer Wellness Programs?
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