The Equal Employment Opportunity Commission (EEOC) has sued an employer because the penalty it applied for not participating in its wellness program was, in the eyes of the EEOC, so high that participation was not, as a practical matter, “voluntary.” Under EEOC rules, an employer may conduct medical examinations, which includes obtaining medical histories and blood draws, only in limited situations. One of those permitted situations is a voluntary wellness program. Because the program did not qualify as “voluntary,” the questions employees were asked about their health on a health risk assessment, a blood draw, and a range of motion assessment violated the Americans with Disabilities Act (ADA), according to the EEOC’s Complaint.
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Topics:
employee engagement,
wellness,
ancillary benefits,
health care costs,
ACA,
disability management,
voluntary benefits,
employee satisfaction,
UBA Partner Firm,
employee benefits,
hr consulting,
health care reform,
health care,
wellness programs,
absence management,
absenteeism,
disability insurance,
health risk assessment,
PPACA Affordable Care Act,
employee health,
insurance solutions,
medical plan,
self funded health plans,
HRA
By Peter Freska, CEBS, Advisor
The LBL Group
A United Benefit Advisors Partner Firm
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Topics:
employee engagement,
wellness,
ancillary benefits,
health care costs,
ACA,
disability management,
voluntary benefits,
employee satisfaction,
UBA Partner Firm,
employee benefits,
hr consulting,
health care reform,
health care,
wellness programs,
absence management,
absenteeism,
disability insurance,
health risk assessment,
employee health,
insurance solutions,
medical plan,
self funded health plans,
HRA
By Stephen Coffman, Group Practice Leader
The Guardian Life Insurance Company of America
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Topics:
employee engagement,
wellness,
ancillary benefits,
health care costs,
ACA,
disability management,
voluntary benefits,
employee satisfaction,
UBA Partner Firm,
employee benefits,
hr consulting,
health care reform,
health care,
wellness programs,
absence management,
absenteeism,
disability insurance,
employee health,
insurance solutions,
medical plan,
self funded health plans
By Josie Martinez, Senior Partner and Legal Counsel
EBS Capstone, A UBA Partner Firm
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Topics:
wellness,
employee wellness,
disability management,
employee benefits,
health care
Most employers are, unfortunately, all-too-familar with the traditional approach to disability management: employees must prove they’re disabled. While this traditional strategy may seem effective to some, research shows that its adversarial nature actually leads to higher costs due to more medical tests needed to demonstrate disability.
Ninety-five percent of disabilities are caused by illnesses, rather than accidents (1) – for this and many other reasons, employers should reevaluate their approach in handling employee absences. This startling statistic shows that illnesses are complex and often involve multiple factors that can, and do, prohibit a quick recovery.
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Topics:
employee engagement,
HR webinars,
employee communication,
disability management,
UBA,
hr consulting,
absence management,
absenteeism
