June 2015 JAH Employee Benefit Plan Select Issues Newsletter

Guidance Issued Regarding Wellness Program Compliance: The Americans with Disabilities Act (ADA) (enforced by the Equal Employment Opportunity Commission (EEOC)), prohibits employers from discriminating against employees on the basis of disability or making disability-related inquiries unless job-related. However, certain inquiries are permissible if made pursuant to a “voluntary” wellness program, but the employee benefits community has long wondered how the term “voluntary” would be interpreted by the EEOC. This concern over what would constitute a voluntary wellness program has become particularly poignant lately as the EEOC has begun enforcement measures against various employers on this very issue.

The EEOC recently broke its reticence on the matter …

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