Structuring Wellness Programs to Avoid Employment Discrimination Claims

Navigating Anti-Discrimination Regulations Under HIPAA, Title VII, ADA, GINA and State Law

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, October 29, 2014

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide employment lawyers with the information and tools to reduce the discrimination risks associated with wellness programs. Panelists will review techniques to avoid employee claims from the most common fronts: ADA, GINA, Title VII, HIPAA and state laws.


Wellness programs continue to be the avenue of choice for the reduction of healthcare costs to employers. However, it has now become clear that the structure and implementation of these programs, especially those tied to financial incentives, carry legal risks in the form of discrimination allegations.

Employees have an arsenal of weapons upon which to pursue discrimination by their employers. The EEOC just filed an action on behalf of an employee alleging the employer’s wellness program violates the ADA. The legal uncertainty of these types of causes of action present a complex problem for counsel to employers. 

However, there are best practices that employers must implement to avoid these types of claims. Employment counsel should be prepared to advise on the structure of wellness programs to comply with legal standards such as voluntariness and avoid disparate impact claims based on gender, race, age or disability, just to name a few.

Listen as our distinguished panel discusses best practices for avoiding claims of discrimination based on both federal and state anti-discrimination laws. The panelists will review the latest case law developments and techniques necessary in applying anti-discrimination standards to wellness programs.



  1. HIPAA and ACA anti-discrimination regulations
  2. ADA
  3. GINA
  4. Title VII
  5. State laws


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?
  • 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 state law challenges must employers overcome when implementing wellness programs?


Joshua M. Davis
Joshua M. Davis

Goulston & Storrs

Mr. Davis specializes in the area of labor and employment law and related litigation. He represents employers in a...  |  Read More

Kevin D. Kelly
Kevin D. Kelly

Locke Lord

An experienced employment discrimination litigator, Mr. Kelly also represents clients in noncompetition and trade...  |  Read More

Susan L. Nardone
Susan L. Nardone


Ms. Nardone is an experienced litigator who has represented employers in defense of a wide variety of...  |  Read More

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