Frank C. Morris, Jr., Member of the Firm in the Litigation and Employee Benefits practices, in the Washington, DC, office, was quoted in Law360in “Labor & Employment Legislation, Regulation to Watch in 2015,” by Ben James. (Read the full version — subscription required.)

Following is an excerpt:

The U.S. Equal Opportunity Commission made headlines and drew criticism last year after launching its first direct legal challenges to employer wellness programs under the Americans with Disabilities Act.

Critics have complained that employers face the prospect of being targeted in an EEOC suit even though the agency hasn't provided guidance on how to administer the programs — which are promoted under the Affordable Care Act — while steering clear of liability under disability and genetic information discrimination laws.

"The uncertainty that has been created by the EEOC litigation over wellness programs is huge in terms of doing benefit planning for employers, and those are regulations that are desperately needed," said Epstein Becker & Green PC's Frank Morris.

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