Heightened EEOC Scrutiny of Employee Wellness Programs: Navigating Conflicts Between ACA Incentives and EEOC Enforcement
Recording of a 90-minute CLE webinar with Q&A
This CLE course will help benefits and human resources counsel advise companies on designing and implementing employee wellness plans that comply with the Affordable Care Act’s provisions without triggering an EEOC or DOL investigation. The panel will help counsel navigate the myriad laws impacting wellness plans—including the ADA, GINA, HIPAA—and design and implement plans that do not run afoul of the EEOC’s latest objections.
Outline
- ACA and HIPAA anti-discrimination regulations
- ADA & EEOC’s Proposed Wellness Rule
- GINA
- Title VII
- NLRA and other federal laws
- State laws
- Review of EEOC lawsuits and legislative proposals
Benefits
The panel will review these and other key issues:
- What are the best practices for structuring wellness programs to comply with the latest HIPAA and ACA anti-discrimination regulations?
- How does the definition of “voluntariness” (ADA and GINA) apply to wellness programs? What considerations should be made when structuring those programs based on the definition? What are the key provisions of EEOC’s proposed Wellness Rule
- How can wellness programs cause a disparate impact based on race, age, gender or disability? What techniques should be employed to avoid those claims?
- What NLRA and other federal law issues need to be considered in implementing a wellness program?
- What state law issues, including lifestyle laws, impact wellness programs?
Faculty
Eric S. Dreiband
Partner
Jones Day
Mr. Dreiband represents companies in all aspects of civil rights, employment discrimination, and wage and hour... | Read More
Mr. Dreiband represents companies in all aspects of civil rights, employment discrimination, and wage and hour litigation. He counsels clients on compliance with these labor and employment laws as well. From 2003 to 2005, he served as General Counsel of the U.S. Equal Employment Opportunity Commission. Prior to that, he served as Deputy Administrator of the U.S. Department of Labor's Wage and Hour Division.
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Frank C. Morris, Jr.
Member
Epstein Becker & Green
Mr. Morris leads the firm’s Labor and Employment Practice in the Washington, DC, office, and chairs the... | Read More
Mr. Morris leads the firm’s Labor and Employment Practice in the Washington, DC, office, and chairs the firm's Disability Law Group. A former NLRB attorney, he now represents private and public employers in EEO, disability, labor, and general litigation matters. Mr. Morris regularly writes and lectures on various employment and litigation topics and is an adjunct professor at George Washington University Law School, where he teaches Discrimination Law.
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