The Obama administration has filed lawsuits against several companies for complying with the wellness provisions in Obamacare.
Obama’s Equal Employment Opportunity Commission (EEOC) has filed suit against Honeywell International and two smaller companies for offering rewards to employees for taking part in wellness activities and penalizing those who don’t
The law suit stems from the 1990 Employees with Disabilities Act that prohibits employers from penalizing employees for failing to participate in medical tests such as cholesterol screening or blood pressure tests unless the test is directly related to the performance of the employees Job.
The conflict is clear – either employers are allowed to make wellness programs a requirement to avoid penalties or they aren’t.
If employers cannot use wellness programs as carrots and sticks, they struggle to satisfy a provision in Obamacare detailing the rewards and punishments.