Category archive: Health & Wellness

EEOC Draws Bipartisan Fire from Senate Committee

As we have previously reported, the EEOC has taken an adversarial stance towards employers that impose negative consequences on employees who do not take advantage of wellness program initiatives. While the Affordable Care Act specifically authorized employers to utilize and implement wellness program initiatives in order to encourage healthy lifestyle choices by its employees, the EEOC has reacted by suing employers contending that such initiatives violate the ADA prohibitions on medical inquiries or discrimination against individuals because of their disabilities.

Federal Court Rejects EEOC Request to Enjoin Honeywell Wellness Program

As discussed in an earlier blog article, the EEOC takes a dim view of employer wellness programs to the extent they “encourage” participation through monetary penalties. As part of its wellness program, Honeywell encouraged employees and their dependents to participate in a biomedical test which would analyze a blood sample for, among other things, cholesterol, glucose and nicotine levels.

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