The Intersection of the ADA and Employer-Sponsored Wellness Programs

[jesse_the_k]

This question has popped up many times in the last few years. Obamacare encourages "wellness programs," employer-sponsored activities which some disabled people simply can't do. So what's the law?

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There is a new conflict in town: employer-sponsored wellness programs and the Americans with Disabilities Act (ADA). On several occasions the EEOC has sued employers for allegedly forcing compulsory and intrusive wellness programs aimed to improve the general health of employees. Is there a possible compromise for employers to foster employee wellness while avoiding unlawful medical inquiries?

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You can hear an expert lawyer's understanding and pose questions
FREE NEXT WEDNESDAY
November 18, 2015 2:00pm to 3:30pm eastern time
Use this link to register
http://www.ada-audio.org/Webinar/ADALegal/Schedule/

The regional ADA centers provide "webinars" open to all on many topics. Archives here:
http://www.ada-audio.org/Archives/ADALegal/index.php?order=ascending&source=FiscalYears#FiscalYears

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Comments

[jadelennox]

oh, that's awesome, because those have been bothering the hell out of me. I've also wondered about the legitimacy of things that drop your health insurance premiums if you attest to changing your lifestyle, e.g. exercising 30 minutes a day, or something, which a lot of people can't do.

[jesse_the_k]

Precisely. Right now it's expressed as a tension within employers: they want to encourage healthy behavior to lower insurance costs; they don't want to open themselves up to lawsuits, given the EEOC's willingness to raise a stink.

[untonuggan]

can I cross-post this to disability?

also thanks for the info!

[jesse_the_k]

Absolutely! Always feel free to crosspost anything public. :,)

[laceblade]

I HATE THIS SHIT. Or specifically, UW Health's and how in addition to ~wellness programs~ where you're supposed to make "walking" teams with your intrusive coworkers, they put up "reminders" about "eating fresh food" or whatever the fuck. Taking all the Cheetos and soda out of the vending machines in our building and not only re-filling them with citric acid-laced "fruit" strips or whatever the hell else (spoiler: I can't eat them because reflux), but color coding things red/yellow/green like stop & go lights so that you can feel the appropriate level of SHAME if you reach for the few candy bars that are still in there.

Emails I've sent to them about this have gone unanswered, :)