Today, my colleague Marc Herman writes a follow up to his post on October 27th regarding wellness programs.
Continuing its publically waged war against wellness programs, the EEOC has, once again, dragged another employer into the litigation minefield of the Americans with Disabilities Act.
This time, Honeywell, Inc.––a Minnesota-based technology manufacturer––has, excuse the pun, got itself into a sticky situation, becoming the most recent, yet presumably not the last, victim of this purge.
The alleged wrong? Nothing we haven’t seen before––according to the EEOC, Honeywell’s wellness program violates the ADA because it unlawfully penalizes non-participating employees––it requires workers and their spouses to undergo biometric screening.
Bloomberg.com reports that nonparticipants are assessed a $500 surcharge and risk losing Honeywell’s HSA contributions.
On November 3, 2014, a U.S. District Judge denied the EEOC’s request for a temporary restraining order against Honeywell. Prophetic significance? We eagerly await and see.
With three litigations pending, no authoritative guidance, and an abundance of wellness programs nationally, there is doubtless a sense of apprehension––for the cynical, perhaps impending doom––in the air.
Notwithstanding the uncertainty, we can be sure of one thing: the stage is set for 2015 to usher in a cathartic, and long-awaited, finale.