January 21, 2016
On the last day of 2015, the U.S. District Court for the Western District of Wisconsin ruled against the Equal Employment Opportunity Commission (“EEOC”) in its suit against an employer under the Americans with Disabilities Act (“ADA”). The EEOC alleged that the employer violated the ADA provision that “generally prohibits employers from requiring their employees to submit to medical examinations, by conditioning participation in its employee health insurance plan on completing a ‘health risk assessment’ and a ‘biometric screening test.’” In its decision, the Court ruled that a bona fide benefit plan was protected from normally applicable ADA rules.

Based upon this decision and others, the EEOC’s attempts to regulate wellness programs under the ADA may be limited, or at least able to be vigorously challenged.

For additional analysis on this ruling and its implications, please click here.