In a case of first impression, the Eleventh Circuit's
decision in Seff v. Broward County offers an alternate
path for analyzing whether wellness programs comply with the
ADA.
On August 20, the Eleventh Circuit upheld a ruling by the U.S.
District Court for the Southern District of Florida that an
employer group health plan's wellness program did not violate
the Americans with Disabilities Act's (ADA's) prohibition
on non-voluntary medical examinations and disability-related
inquiries because the program falls within the ADA's safe
harbor for bona fide benefit plans. Seff v. Broward County, No.
11-12217 (11th Cir. Aug. 20, 2012).
Background
In this case, defendant Broward County offered a wellness
program that consisted of a biometric screening and a confidential
health risk assessment questionnaire. The County's health
insurer used the information from the screening and questionnaire
to identify employees who had certain diseases to offer them the
opportunity
