EEOC Says Orion Has No Safe Harbor With Wellness Program

Law360, New York (January 5, 2016, 4:52 PM EST) -- The Equal Employment Opportunity Commission urged a Wisconsin federal court Monday not to dismiss its suit accusing Orion Energy System Inc. of penalizing and firing an employee after she declined to participate in a "voluntary" wellness program, saying an insurance safe harbor provision does not shield the company's conduct.

In a memorandum opposing Orion's summary judgment motion, the agency said Orion violated the Americans with Disabilities Act's prohibition against involuntary medical inquiries and examinations by imposing impermissible penalties on employees who chose not to participate in its wellness initiative.

The EEOC says Orion fired Wendy Schobert because she objected to and...

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