In an article titled “EEOC Targets Wellness Programs,” Debra Friedman, a member of Cozen O’Connor’s Labor & Employment Department, discusses the Equal Employment Opportunity Commission’s recent actions against employers for violating the Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA) with their company wellness programs. “The EEOC describes it as ‘you can’t penalize employees,’ but they have not defined what constitutes a penalty,” observed Debra. “Employers need to understand this is an evolving area, and there’s a lack of guidance from the EEOC, so we need to wait and see whether EEOC and courts will find wellness programs that are compliant with the ACA regulations to be compliant with ADA and GINA,” she added.
To read the article, click here.