The EEOC's district director in Chicago, says, "Our investigation revealed Mr. Rascher was fully cleared to return to work, but that S&C insisted he 'retire' instead."
The district court had previously ruled against the plaintiffs’ motion for a preliminary injunction, finding AARP did not prove irreparable harm to its members was likely; yet in the end AARP has prevailed in its challenge.
Orion agreed it won't maintain any wellness program in the future that poses disability-related inquiries or seeks a medical examination that is not voluntary within the meaning of the ADA and its regulations.
An appellate court said neither party in the case has a serious stake in its outcome anymore, so the statutory issues should be decided by a court in a case where the answers matter to the parties.
The court found the program was subject to ADA scrutiny, but also that the wellness plan was lawful under the ADA because it concluded the employee's decision whether to participate was voluntary under that statute.
Under final wellness program rules, employees must receive a notice describing what information will be collected as part of the wellness program, who will receive it, how it will be used, and how it will be kept confidential.
Flambeau, Inc.’s requirement that employees participate in a wellness program to participate in its health plan is covered by an ADA safe harbor, a district court found.
The HR Policy Association says the proposed rule will discourage wellness program innovation and increase the potential for litigation.
The proposed rule focuses on limiting incentives, protecting against discrimination and protecting privacy.
The submission represents the start of the regulatory process.
Witnesses told a U.S. Senate committee more guidance is needed for workplace wellness programs.
October 31, 2014 (PLANSPONSOR.com) – The Equal Employment Opportunity Commission has asked a federal court to stop an employer in Michigan from imposing penalties on employees who do not participate in biometric testing.
October 6, 2014 (PLANSPONSOR.com) – The Equal Employment Opportunity Commission (EEOC) is charging another company with violating the Americans with Disabilities Act (ADA) by its wellness program practices.
September 5, 2014 (PLANSPONSOR.com) – The U.S. Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit challenging an employer’s wellness program under the Americans with Disabilities Act (ADA).
May 7, 2014 (PLANSPONSOR.com) – A West Virginia hospital has settled an age and disability lawsuit brought about by the U.S. Equal Employment Opportunity Commission (EEOC).
May 6, 2014 (PLANSPONSOR.com) – A federal district court has moved forward a lawsuit claiming an employer refused to advance a part-time employee to a full-time position to avoid paying for health coverage.
March 12, 2014 (PLANSPONSOR) – The U.S. Equal Employment Opportunity Commission (EEOC) has initiated a lawsuit against Wal-Mart Stores of Texas, LLC, alleging both age and disability discrimination.
December 20, 2013 (PLANSPONSOR.com) – The U.S. Equal Employment Opportunity Commission (EEOC) announced that Regions Financial Corporation, doing business as Regions Bank, will settle a lawsuit filed by the agency.
August 2, 2013 (PLANSPONSOR.com) – The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against a West Virginia hospital for alleged age and disability discrimination.
July 31, 2013 (PLANSPONSOR.com) – A federal appeals court handed victory to the Equal Employment Opportunity Commission (EEOC) in an age and disability discrimination lawsuit.