In the article, "Employers can (cautiously) Celebrate Wellness Program Victory," featured in the Vancouver Washington Business Journal, Attorney Anne Milligan discusses how after a recent court decision, Washington employers may need to adjust to a new normal in wellness plans.
It's no surprise that many Washington employers want to encourage their employees to get active through workplace wellness programs; a healthy workforce means reduced healthcare costs. Employers across the country recently received some good news when it comes to the validity of these programs, as a court rejected a legal challenge from the Equal Employment Opportunity Commission (EEOC) that sought to dismantle a company wellness program. While you can celebrate this victory, you should still act cautiously when running such a program to make sure you stay on the right side of the law.
Wellness plans are generally designed to encourage employees to live healthier lifestyles by motivating them to eat better, exercise more and forego unhealthy lifestyle choices. In EEOC v. Flambeau, Inc., a federal court in Wisconsin upheld an employer's wellness plan despite a claim that it violated the Americans with Disabilities Act (ADA). To participate in the company's group health plan, all workers needed to complete a preliminary health assessment and submit to biometric testing. The EEOC argued that this violated the ADA's prohibition against making disability-related inquiries or requiring medical examinations of employees. The court disagreed and found the plan legally acceptable.
To read the full article, please visit Vancouver Washington Business Journal.
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