Are Corporate Wellness Programs Headed for Life Support? The EEOC’s Challenges to Employer Wellness Plans and Capitol Hill’s Response
The Equal Employment Opportunity Commission (EEOC) had hinted for years that certain aspects of corporate wellness programs may run afoul of federal anti-discrimination laws, but failed to provide any meaningful guidance. Last fall the EEOC began challenging sponsored wellness programs. After being widely criticized for its recent actions, the agency has promised to introduce new regulations any day. In the meanwhile, several prominent Republican members of Congress introduced new legislation on March 2, 2015, which is designed bypass the EEOC and reaffirm Congress’ position that corporate wellness programs are alive and well. Leslie E. Silverman, a former Commissioner and Vice Chair of the EEOC, will discuss the:
- Backdrop of the Patient Protection and Affordable Care Act Affordable Care Act (ACA) and its implementing regulations.
- Compliance issues posed by the ADA and GINA.
- Discussion of EEOC v. Orion Energy Systems Inc.; EEOC v. Flambeau Inc.; and EEOC v. Honeywell International Inc. and what these lawsuits might mean for your wellness plan.
- Expectations for EEOC’s highly anticipated regulations governing wellness programs; and
- Overview of H.R. 1189/S. 620 The Preserving Employee Wellness Programs Act.
Leslie E. Silverman
Leslie E. Silverman is a shareholder at Fortney & Scott, LLC where she counsels and advises clients on complying with workplace laws, dealing with the Equal Employment Opportunity Commission, other government agencies and Congress, and on a wide range of workplace issues, including employment screening and diversity and recruitment and retention programs. Ms. Silverman also conducts workplace investigations and represents clients before the EEOC and other government agencies.