• EEOC Cracks Down on Wellness Programs
  • February 6, 2015 | Authors: Charles H. Kaplan; Galit Kierkut; David I. Rosen; Damon W. Silver
  • Law Firms: Sills Cummis & Gross P.C. - New York Office ; Sills Cummis & Gross P.C. - Newark Office
  • Many employers, especially in light of regulations promulgated under the Affordable Care Act (“ACA”), have instituted “participatory wellness programs” and “health-contingent wellness programs.” The former may include programs that reward employees for attending a monthly, no-cost health education seminars, or for completing health risk assessments. The latter may include programs that, for example, reward the non-use or reduced use of tobacco products, or the attainment of specified cholesterol level or weight targets. Three times in the past three months, the United States Equal Opportunity Commission (“EEOC”) has challenged the legality of employer wellness programs.