In a Wisconsin case involving a wellness program, Orion Energy Systems argued that its program was not subject to scrutiny under the ADA because of the ADA’s insurance safe harbor provision. The plan required employees to undergo medical tests for the wellness program or pay 100% of the health insurance premium. Orion also argued that the wellness plan was voluntary and therefore lawful under the ADA. The court rejected Orion’s argument that the plan was not subject to scrutiny under the ADA but did find that the plan was lawful under the ADA because it was voluntary. However, the case will go forward because the court also found that there were issues of facts regarding whether the employee was fired in retaliation for her opposition to the plan. For additional information, see EEOC’s press release: https://www.eeoc.gov/eeoc/newsroom/release/9-23-16b.cfm.
