Philadelphia counsel Karen Gelula was quoted in a Westlaw Journal Employment article titled, “7th Circuit leaves EEOC concerns about employer wellness program unaddressed.” In Equal Employment Opportunity Commission v. Flambeau Inc. No. 16-1402, the 7th U.S. Circuit Court of Appeals affirmed the lower court’s decision to dismiss the suit. The EEOC sued Flambeau Inc. alleging its wellness program participation requirements violated the Americans with Disabilities Act’s ban on employer-mandated medical exams.
Many insiders say that the EEOC’s guidance on wellness programs will likely affect how employers design their plans. Karen noted the popularity of wellness programs and stated that she expects less litigation as long as employers follow the EEOC’s recent regulations. “Employers should think twice before relying on the ADA safe harbor for bona fide plans, at least until the EEOC indicates a change in its position that only voluntary wellness programs are compliant with the ADA,” she said.