This week, the EEOC unsuccessfully sought an injunction from the court to prevent Honeywell from assessing a surcharge while the case is pending. Although this injunction motion was denied, the court did not rule on the legal validity of Honeywell's program. How that issue will ultimately be resolved is unknown. Employers may, however, find themselves losing the cost savings they are often trying to achieve with wellness programs if they become embattled in litigation over the legality of a program. The silver lining for employers (other than those named in the lawsuits), though, is that the courts will hopefully provide more clarity on what is permissible for wellness programs. So, stay tuned!
Kathryn Nash chairs the firm’s Labor, Employment, and Higher Education practice areas. She regularly advises colleges and universities on a wide range of issues unique to higher education institutions, such as Clery, Title IX ...
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