Wellness program requirements and retaliation: An expensive mix

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The feds do allow companies to employ “negative incentives” to boost wellness program participation. But as this case proves, you’ve got to tread carefully.  

A Wisconsin lighting company will pay $100,000 to settle an EEOC lawsuit that claimed the employer’s wellness program violated the Americans with Disabilities Act (ADA) and alleged that the employer retaliated against an employee who objected to the program by terminating her.

In its suit, the EEOC contended that Orion Energy Systems, based in Manitowoc, WI, instituted a wellness program that unlawfully required medical examinations and made disability-related inquiries. When an employee, Wendy Schobert, declined

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