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Robert Flow is a legal writer and content marketer who investigates leads and tracks down interesting stories.

The EEOC has created new, aggressive standards regarding wellness (and some health) programs. This new registration comes from issues arising from employers pressuring employees to sign up for wellness programs that might effect their health benefits. Employers may only punish or reward employees who do or do not participate to certain percents.

Key Takeaways:

  • The EEOC also regulates wellness programs, but it “has a much more antagonistic view” of these programs
  • The EEOC regulates wellness programs through its enforcement of the Americans with Disabilities Act
  • The EEOC has brought several lawsuits challenging certain aspects of employee wellness programs

“a wellness program is voluntary as long as an employer neither requires participation nor penalizes employees who do not participate.”

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/well-being-congress.aspx