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 (ADA), which prohibits medical exams unless they are  voluntary or  are job-related and consistent with business necessity.  (See recent blog post about this.)  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.  They noted that "wellness plans with premium discounts were specifically authorized in the health care law with strong bipartisan support—one of the few provisions of Obamacare with both Republican and Democrat buy in."