Frank C. Morris, Jr., a Member of the Firm in the Litigation and Employee Benefits practices, in the firm’s Washington, DC, office, was quoted in the Bloomberg BNA Daily Labor Report, in “EEOC's Wellness Program Challenge Dead-Ends at 7th Cir.,” by Kevin McGowan. (Read the full version – subscription required.)
Following is an excerpt:
The ADA safe harbor issue remains in “a holding pattern,” said Frank Morris, a partner with Epstein Becker & Green in Washington who represents employers that have wellness programs.
The likelihood of further litigation regarding the ADA safe harbor is “relatively small,” Morris told Bloomberg BNA Jan. 25.
Most employers now are structuring their wellness programs to conform with the EEOC's 2016 ADA regulations that limit employer incentives for participation to 30 percent of an employee's individual insurance coverage, he said.
The EEOC, therefore, should have fewer opportunities to sue employers under the ADA over their wellness programs, said Morris, who wasn't involved in the Flambeau case.