Recent actions by the Equal Employment Opportunity Commission (EEOC) were under scrutiny during Thursday’s Senate hearing on wellness programs. The EEOC bore the brunt of the criticism unleashed during the hearing for acting at odds with provisions the Affordable Care Act (ACA) to promote the use of such programs. Both Democratic and Republican members of the Committee on Health, Education, Labor and Pensions advocated employer-provided wellness programs, and asked witnesses to explain the difficulties they have faced in implementing such programs.
Articles Discussing Workplace Wellness Programs.
EEOC Directly Challenges Wellness Program for the First Time
The EEOC has filed its first lawsuit directly challenging the operation of a wellness program. In EEOC v. Orion Energy Systems, Civil Action 1:14-cv-01019, the EEOC alleged that the employer imposed a wellness program on its employees in violation of the ADA. According to the complaint filed on August 20, 2014 in the U.S. District Court for the Eastern District of Wisconsin, the EEOC claims that the defendant, Orion Energy Systems, administered a wellness program in which employees were asked to complete a health risk assessment, which included questions regarding medical history and blood work. In addition, the suit alleges that the assessment included a test on a Range of Motion Machine in the company’s physical fitness room. The suit does not allege that any part of the wellness incentive was based on any result of the assessment.