Tag Archives: ADA

Supreme Court Makes New Rule in Analyzing Pregnancy Discrimination Act

The Supreme Court held on March 25, 2015 in Young v. UPS that a plaintiff alleging pregnancy discrimination based upon the denial of an accommodation may proceed under the familiar McDonnell Douglas framework generally applied to Title VII discrimination claims. The Court’s decision, which resulted in a remand to the Fourth Circuit, surprised many observers … Continue Reading

EEOC Seeks to Stop Use of Financial Incentives for Wellness Program Participation

The Equal Employment Opportunity Commission (“EEOC”) has requested that the United States District Court of Minnesota stop Honeywell from implementing a wellness program that would provide financial incentives for undergoing biometric screenings.  The EEOC is challenging Honeywell’s program on grounds that it would violate the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination … Continue Reading

EEOC Holds Hearing on Workplace Wellness Programs

The Equal Employment Opportunity Commission held a hearing this week on “Wellness Programs Under Federal Equal Employment Opportunity Laws.”  Amy Moore testified at the hearing on behalf of long-time Covington client The ERISA Industry Committee (“ERIC”), a non-profit association committed to the advancement of the employee retirement, health, and other benefit programs of America’s largest … Continue Reading

Proposed Regulations Will Permit Greater Incentives for Participation in Wellness Programs

On November 26, 2012, the IRS and Departments of Labor and Health and Human Services published in the Federal Register proposed regulations that would permit group health plans to provide greater incentives for participation in wellness programs.  The proposed regulations include a welcome implementation of statutory changes that were made by the Affordable Care Act, … Continue Reading

Wellness Program Non-Participation Penalty Does Not Violate ADA, Says Eleventh Circuit

Wellness programs have become a popular tool for employers to address ever-increasing employee healthcare costs. However, wellness program designs are limited by the requirements of the Americans with Disabilities Act (ADA), among other laws.  A recent decision by the Eleventh Circuit in Seff v. Broward County may make it easier for employers to provide wellness … Continue Reading
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