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EEOC Warns about ADA Impact of Health Assessments
Peggy R. Mastroianni, EEOC associate legal counsel, asserted in an “informal discussion letter” that the scenario of undergoing such an assessment as a prerequisite for coverage“does not appear to be job-related and consistent with business necessity, and therefore would violate the ADA.”
Mastroianni said that even if the health
assessment could be considered part of a wellness
program, the effort would not be voluntary, because
workers choosing not to participate in the assessment are
denied a benefit compared to employees who
participate.
The EEOC said that its assessment was based on a program
that involved answering a short health-related
questionnaire, taking a blood pressure test, and
providing blood for use in a blood panel screen.
Information from the assessment went directly to the
employee, and the employer received only aggregate
information.
The letter noted that disability-related inquiries and medical examinations are permitted as part of a voluntary wellness program, and that a wellness program is voluntary if employees are neither required to participate nor penalized for non-participation
Job-Related
Mastroianni said such inquiries or medical examinations may be job-related and consistent with business necessity when:
- an employer has a reasonable belief, based on objective evidence, that an employee’s ability to perform essential job functions will be impaired by a medical condition, or
- an employee will pose a direct threat due to a medical condition.
The EEOC letter is available
here
.
Such risk assessments have become increasingly popular in recent years as part of employer efforts to institute consumer driven health programs (see Roping in Health Care , Wellness: Truth and Consequences ).
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