The Equal Employment Opportunity Commissions new focus on employer wellness programs has many health and benefit managers scratching their heads on what is acceptable when it comes to voluntary health screenings and incentive rules under the Americans with Disabilities Act.
Earlier this month, the EEOC filed suit against Flambeau, Inc. because it said the Baraboo, Wisc.-based plastics manufacturing company violated federal law when it required employee Dale Arnold to complete biometric testing and a health risk assessment. Because Arnold did not complete these tasks, EEOC stated that Flambeau cancelled his medical insurance and pushed 100% of the premium payment into his lap. For those employees that participated in the program, the EEOC said they were required to pay just 25% of their premium cost.