Yale Case Reminds Employers Of Key Wellness Program Risk

Law360 (September 10, 2019, 3:04 PM EDT) -- While employee wellness programs have grown in popularity over the past several years, so too have the legal challenges they face. Lisa Kwesell et al. v. Yale University, a class action in the U.S. District Court for the District of Connecticut, was filed in reaction to a wellness program implemented by the university. The case highlights a key risk employers face in utilizing wellness programs that include financial penalties or rewards: that they will not be considered voluntary, and therefore possibly violate the Americans with Disabilities Act and/or Genetic Information Nondiscrimination Act.

Until the U.S. Equal Employment Opportunity Commission issues revised regulations describing...

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