The U.S. Equal Employment Opportunity Commission recently filed complaints against three employers alleging the employers’ wellness programs violate the Americans with Disabilities Act due to the penalties imposed on employees who chose not to complete the wellness programs’ requirements.

The ADA prohibits employers from asking employees disability-related questions or requiring employees to undergo medical examinations unless those questions and examinations are job-related and consistent with business necessity.  However, the ADA allows disability-related questions and medical examinations as part of a wellness program as long as the wellness program is voluntary and the information obtained is kept confidential and not used to discriminate on the basis of a disability.

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