In the past year, the U.S. Equal Employment Opportunity
Commission (EEOC) has filed lawsuits against certain employers
challenging the legality of their "wellness programs."
Wellness programs provide incentives to employees to participate in
activities designed to encourage and promote health. These
incentives may include employer payment of the cost of gym
memberships, exercise and weight loss challenges, and discounts or
rebates on health insurance premiums for engaging in certain
activities.
As an example of its litigation in this area, in 2014 the EEOC
filed a lawsuit against Orion Energy Systems, Inc., alleging that
Orion violated the Americans with Disabilities Act (ADA) by
instituting a wellness program that required employees to submit to
medical examinations and respond to disability-related inquiries
that were not job-related or consistent with business necessity. If
employees refused to participate in the program, according to the
lawsuit, Orion shifted
