Does your wellness program violate the law?
Wellness programs are common in the workplace because they can improve employees' well-being, lead to better employee attendance and also decrease health insurance and healthcare costs. However, many employers may not be aware that these benefits programs can violate equal employment opportunity laws.
A recent meeting between the EEOC, a panel of industry experts and advocacy group members discussed how important it is for businesses' wellness programs to comply with the law. As these arrangements become more popular (94 percent of employers with over 200 workers use one), there are more opportunities for violations. Education about relevant regulations is the first step to preventing accidental discrimination.
According to JD Supra, if a program requires medical exams or asks workers questions pertaining to disabilities, it could be violating the Americans with Disabilities Act or the Genetic Information Nondiscrimination Act (GINA). GINA prohibits employers from obtaining employees' genetic information, which includes their family's medical history. This prohibited practice is frequently implemented when a wellness program asks for spouses' health information.
The panelists who met with the EEOC are now pushing for some sort of published guide to help companies understand their responsibilities. As reported by JD Supra, "targeted enforcement actions" might also be implemented to better monitor programs around the country.
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