EEOC Wellness Program Suits Highlight Need for Agency Guidance

The EEOC has been pursuing litigation against wellness programs of late, arguing that certain health plan penalties render participation in wellness program health screens "involuntary" and thus violate Americans with Disabilities Act , which prohibits medical exams unless they are voluntary or are job-related and consistent with business necessity. Senate Republicans rightly criticized the EEOC general counsel during recent confirmation hearings about the agency's pursuit of litigation against wellness programs when it has not provided guidance about the standards it believes employers should follow to ensure compliance with the ADA.



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