The surprise decision in AARP v. EEOC upends workplace wellness, and creates significant liability potential for employers whose biometric screening, health risk assessments, coaching, checkups, and/or crash-dieting contests dangle incentives or threaten penalties.
This course begins by reviewing what happened and why, and which of your activities are and are not affected. It then forecasts the likely reaction of EEOC, and why exposure to employee civil actions could be much greater than you expect starting in 2019. It will go through numerous examples of what wellness activities are still in a safe harbor, which aren’t, and where the gray areas are.
Most importantly, we will cover what to do about it…and how you can essentially eliminate added liability while improving your program. Indeed, handled wisely, AARP v. EEOC could be the best thing that has ever happened to it.The surprise decision in AARP v. EEOC upends workplace wellness, and creates significant liability potential for employers whose biometric screening, health risk assessments, coaching, checkups, and/or crash-dieting contests dangle incentives or threaten penalties.
This course begins by reviewing what happened and why, and which of your activities are and are not affected. It then forecasts the likely reaction of EEOC, and why exposure to employee civil actions could be much greater than you expect starting in 2019. It will go through numerous examples of what wellness activities are still in a safe harbor, which aren’t, and where the gray areas are.
Most importantly, we will cover what to do about it…and how you can essentially eliminate added liability while improving your program. Indeed, handled wisely, AARP v. EEOC could be the best thing that has ever happened to it.
Learning Objectives
- Discover what actually happened in this decision and why it upends all previous assumptions about wellness
- Identify the distinguishing attributes of what wellness program components are covered and what aren’t
- Recognize what the solution(s) could be, and how to implement a “safe harbor” in the absence of a formal set of EEOC safe harbor rules
Prerequisites
No advanced preparation or prerequisites are required for this course.