ADA challenge to wellness incentives stays alive
Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review their wellness programs and determine whether any monetary incentives for participation are so sweet that employees may feel they have no choice but to participate. If so, then the program may not be "voluntary," and any requests for medical information in connection with the program could run afoul of the ADA. ADA review In addition to prohibiting discrimination based on disabilities and requiring reasonable accommodations, the ADA has some significant provisions relating to employees' medical information. Those provisions apply to all employees, not just employees with disabilities. Here is the quick and dirty: An employer cannot request medical information from an applicant before a conditional offer of employment has been made. Period. After ...