Here’s a class action lawsuit employers everywhere will want to watch closely.
The case involves Broward County Florida’s health plan and centers on this question: Does using financial incentives to bolster employee participation in wellness programs violate the Americans with Disabilities Act’s (ADA) restrictions on requiring employees to take medical exams?
Here’s the background: Broward’s health plan added a “voluntary” wellness program that required employees to take a finger stick test, which measured glucose and cholesterol, and complete an online health risk assessment.
Participation was voluntary, but non-participating workers were hit with a bi-weekly charge of $20.
Former employee Bradley Seff sued Broward, claiming the program wasn’t actually voluntary and, therefore, it violated the ADA. The case is now a class-action lawsuit.
Should the court rule employers can’t use incentives to improve participation in their wellness programs, many firms will likely have to alter their programs.
We’ll keep you posted.
