Many employers have implemented wellness programs compliant with final regulations issued by the Internal Revenue Service, the Department of Labor, and the Department of Health and Human Services. Employers have long awaited guidance from the EEOC regarding its view of wellness programs in the context of the Americans with Disabilities Act. Although the EEOC has not issued any formal guidance, it has now sued an employer over its wellness plan in EEOC v. Orion Energy Systems, Inc. We discussed what this case might mean for your wellness plan.
- Overview of the complaint in EEOC v. Orion Energy Systems, Inc.
- Recap of the final wellness plan regulations that are in place
- Discussion of the EEOC’s potential position regarding wellness plans
- Strategies for developing a compliant program