An Employer Mandate for Wellness

February 1, 2016 – In The News
Human Resource Executive Online

Wayne E. Pinkstone was featured in the Human Resource Executive Online article,"An Employer Mandate for Wellness." Full text can be found in the February 1, 2016, issue, but a synopsis is below.

A Wisconsin-based manufacturing firm was recently granted a summary judgment from the state in a case that was filed by the Equal Employment Opportunity Commission (EEOC). The lawsuit stemmed from the firm choosing to only offer health insurance coverage to employees that participated in its wellness program.

"The decision is likely to be appealed by the EEOC, given its aggressive approach to company-provided wellness programs and its proposed regulations on the issue," said Fox Rothschild's Wayne Pinkstone. "Moreover, employers should be mindful that the court's decision is relatively narrow, and in order for a wellness program to fit within the ADA's bona fide benefit plan safe harbor exemption, certain -- very specific -- requirements must be met."

"It is almost certainly the case that we will hear from the EEOC again on this issue," he added.