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ARTICLE · 15 OCTOBER 2014

EEOC Files ADA Lawsuit To Challenge Mandatory Wellness Program

Barnes & Thornburg LLP
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The Equal Employment Opportunity Commission has filed suit in the U.S. District Court for the Western District of Wisconsin against Wisconsin-based Flambeau, Inc.

United StatesEmployment and HR
Kenneth Yerkes
Kenneth Yerkes
John Koenig
John Koenig
David Ritter
David Ritter
William A. Nolan
William A. Nolan
Mark Kittaka
Mark Kittaka
Robert Sikkel
Robert Sikkel
Peter Morse, Jr.
Peter Morse, Jr.
Scott Witlin
Scott Witlin
Roy A. Ginsburg
Roy A. Ginsburg
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The Equal Employment Opportunity Commission (EEOC) has filed suit in the U.S. District Court for the Western District of Wisconsin against Wisconsin-based Flambeau, Inc., over allegations that Flambeau's "voluntary" wellness program violates the Americans with Disabilities Act. Flambeau's wellness program, although nominally voluntary, required employees to submit to a health risk assessment, including biometric testing and employees who failed to do so faced cancelation of medical insurance or a requirement to pay their full insurance premiums. In comparison, employees who submitted to the testing did not have their coverage canceled and were required to pay only 25 percent of their premiums.

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