The EEOC Continues to Challenge Employer Wellness Programs Through Litigation

The U.S. Equal Employment Opportunity Commission is taking a hard look at employers who implement employee wellness programs that condition eligibility for benefits on participation in such programs. In the past few months, the EEOC sued three employers claiming that their wellness programs violated the Americans with Disabilities Act.

In August 2014, and as we wrote about earlier, the EEOC sued Orion Energy Systems Inc. in a Wisconsin federal court for penalizing an employee who declined to participate in the company's voluntary wellness program and terminating her employment one month later. Orion's wellness program required employees to disclose their medical history and submit to blood tests, among other things, even though none of the medical examinations or inquiries were job-related or consistent with business necessity. Employees who did not participate in the program were held responsible for paying the full costs of their health insurance premiums.