Wellness Program Did Not Violate ADA a Florida Court Rules
On April 11, 2011, a federal district court in Florida held that an employer’s wellness program did not violate the Americans with Disabilities Act (ADA) because the program fell under the ADA’s safe harbor for bona fide benefit plans.
This Broad Reach Benefits, Inc Legislative Brief summarizes the court’s ruling and provides some information on what it means for employers that offer wellness programs.
ADA Requirements
The ADA prohibits employers from discriminating against employees based on disability. As part of this prohibition, the ADA limits when an employer may obtain medical information from applicants and employees. Once employment begins, as a general rule, an employer may make medical inquiries or require medical examinations only if they are job-related and consistent with business necessity. However, according to the Equal Employment Opportunity Commission (EEOC), an employer may conduct medical examinations and activities that are part of a voluntary wellness program without violating the ADA, as long as medical records are kept confidential. A wellness program is considered voluntary if the employer neither requires employees to participate nor penalizes employees who decline to participate. Informal EEOC guidance suggests that a wellness program may not be considered voluntary if it includes a mandatory health risk assessment (HRA) or a penalty for non-participation.