EEOC Highlights Employee Rights Regarding Employer Wellness Programs

A growing number of employers have been using employee wellness programs to track the fitness and health of employees while offering certain perks and benefits. At first glance, these employee wellness programs may seem like a positive way to motivate employees and promote healthy living. However well-intentioned, such wellness programs have also shown to discriminate and cost some employees certain benefits resulting in violations of federal privacy and anti-discrimination laws.

A growing number of employers have been using employee wellness programs to track the fitness and health of employees while offering certain perks and benefits. At first glance, these employee wellness programs may seem like a positive way to motivate employees and promote healthy living. However well-intentioned, such wellness programs have also shown to discriminate and cost some employees certain benefits resulting in violations of federal privacy and anti-discrimination laws.

A recent notice issued by the U.S. Equal Opportunity Commission (EEOC) has given warning to employers that they must comply with new rules under the American with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) (referenced here and here) that require programs to be voluntary and medical information be kept confidential. Under these rules, any employer wellness program that asks employees about their medical conditions or that requires a medical exam of any kind (including tests related to high blood pressure, cholesterol or diabetes) must be reasonably designed to promote health and prevent disease.

Are financial incentives permissible under new EEOC ruling?
Yes. Under the new rules, limited financial and other incentives can be provided as part of a voluntary wellness program. However, an employer may not require participation and failure to participate in the program cannot result in the denial or limitation of any health care coverage.

What if I have been penalized for refusing to participate?
Employers are not permitted to discriminate or retaliate against an employee who refuses to participate in a wellness program. It would be a violation of the rule if any employer threatened, harassed, or tried to intimidate you into participation. If you have suffered any form of retaliation, including denial of benefits, demotion, or other interference related to an employee wellness program, you should consult an attorney to discuss your rights and legal options.

What notice is required by the employer?
Required notice to employees describes what medical information will be collected, who will have access to the information, how it is intended to be used, and what means will be used to keep that information confidential. Even if an independent wellness program provides the notice, it is the duty of every employer to ensure that their employees receive it.

Protect your rights and prevent medical and disability discrimination
Wellness programs could result in discrimination and violation of privacy, including unauthorized disclosure of your medical records. If you have suffered discrimination or retaliation related to a disability or an employee wellness program, or you believe that your privacy has been compromised in relation to medical data collection, our attorneys want to hear from you. Contact Wanta Thome PLC for more information or to discuss your case.