Frank C. Morris, Jr., Member of the Firm in the Labor and Employment practice, in the Washington, DC, office, was quoted by Law360 in “3 Tips for Avoiding EEOC Suits Over Wellness Programs.” (Read the full article - subscription required.)
Following is an excerpt:
"If at all possible, make the wellness program a part of the health insurance benefits available to employees," advised Epstein Becker Green member Frank Morris. "You potentially set up the bona fide employee benefit plan safe harbor provision under the ADA that has been endorsed by the Eleventh Circuit. We know that at least one court of appeals through that can make the program lawful."
Morris was referring to the Eleventh Circuit's August 2012 decision in a case called Seff v. Broward County, which held that the county's employee wellness program fell within the ADA’s safe harbor provision for insurance plans.
