loader
Page is loading...
generic_insight_detail

Seventh Circuit to Review Wellness Program Under Americans with Disabilities Act


Employers with incentivized wellness programs should keep a close eye on the Seventh Circuit’s treatment under the Americans with Disabilities Act (ADA) of a plastic-maker’s policy that requires medical exams as part of its voluntary wellness program. Previously, a federal court in Wisconsin ruled that the employer’s policy – which required enrolled employees to answer medical history questions, have blood drawn, and have their blood pressure measured – came within the ADA’s “safe harbor” provision because the employees were not at risk of losing their jobs if they refused. The EEOC disagrees with this interpretation and has filed a notice that they will appeal the decision to the Seventh Circuit. The agency argues that the ADA bars such medical examinations because they are not job-related, and that the allegedly onerous financial consequences of not taking the tests (paying their own premiums) mean that it is not really “voluntary.” The company counters this argument by stating that employees do not face discharge by not taking the tests and (apart from smoking information), it receives the medical information only in aggregate form, which it uses to help administer the plan and calculate costs. The district court viewed this administrative tie-in as an important point in upholding the policy. By my recollection, this is the first circuit court to address the hot-button issue of wellness programs and their interaction with the ADA. Stay tuned to BT Currents for further updates.


LEAVE YOUR COMMENT

RELATED ARTICLES

Sixth Circuit Confirms Standard for 'Regarded As' Discrimination Under the ADA

November 12, 2019 | Currents - Employment Law, Employment Discrimination

Position Is Not Vacant If It Is Being Held For an Employee on FMLA Leave

October 14, 2019 | Currents - Employment Law, Employee Health Issues

Seventh Circuit Holds ADA Does Not Necessarily Require Remote Work Arrangement

July 8, 2019 | Currents - Employment Law, Employee Health Issues

Extreme Obesity Not Necessarily a Disability Under ADA, Says Seventh Circuit

June 20, 2019 | Currents - Employment Law, Employee Health Issues

Sixth Circuit Explains Not All Work Restrictions Are Disabilities Under The ADA

June 11, 2019 | Currents - Employment Law, Employment Lessons

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
ADA
wellness programs
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.