The Modern Workplace

As we mentioned in a post last month, the EEOC has a clear agenda to target employer wellness programs. In our earlier post, we discussed two lawsuits against employers in Wisconsin. Now, the EEOC has set its sights on one of our local employers - Honeywell. Last week, the EEOC sued Honeywell over a wellness program that involves employees and their spouses being asked to participate in biometric screening and a determination of body mass index. According to the EEOCs complaint, employees who don't participate along with their spouses are assessed a surcharge of up to $500 on medical costs and the company may reduce contributions to their health savings account by up to $1500. The EEOC alleges that the screening and subsequent penalties for not participating are unlawful under the federal Americans with Disabilities Act and may also constitute discrimination based on genetic information under the federal Genetic Information Nondiscrimination Act. Honeywell claims that its program is lawful under the Affordable Care Act, pointing out that employees aren't required to participate and those who don't do not risk termination of their employment.