The United States Equal Employment Opportunity Commission headquarters in Washington, D.C., U.S. REUTERS/Andrew Kelly
- Construction firm's program isn't voluntary, group claims
- Wellness programs have tripped up employers since Obama administration
- Obama-era regulations were struck down in AARP lawsuit
(Reuters) - AARP, a major lobbying group for older Americans, said on Tuesday that it is challenging a construction company's requirement that workers who decline to join an employee wellness program and submit to medical screenings pay thousands of dollars in additional insurance premiums.
AARP said it had filed a complaint with the U.S. Equal Employment Opportunity Commission on behalf of Shawn Jones, an Illinois-based employee of Austin Industrial who claims the penalty of up to $2,400 per year violates the Americans with Disabilities Act because it essentially forces workers to join the program.
Texas-based Austin Industries Inc, the parent of Austin Industrial, did not immediately respond to a request for comment. Austin Industries has more than 6,000 employees, according to its website.
Wellness programs can include incentives for workers to quit smoking, lose weight or undergo preventive health screenings, among other things, and generally require them to disclose medical information that employers normally cannot ask for under the ADA.
Wellness programs are permitted under the ADA, but the law requires that they be voluntary. AARP during the Obama administration ...
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