Meeting Employees Where They Are: More Success and Less Legal Risk

Sometimes people want to change their behavior, and sometimes they don’t. The willingness to adopt healthier habits can ebb and flow throughout the year. Employee wellness programs that catch employees when they are ready to improve their health habits may be a challenging goal, but a goal worth pursing from a legal standpoint.

Both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) require that any employee health/genetic information collection must be part of a “voluntary” wellness program. Neither ADA or GINA define what it means to be a “voluntary” wellness program, but arguably employees should not feel coerced into participation. Read More