June 11, 2015
- Offering penalties for failing to achieve results is an invitation for a lawsuit. Incentives should be modest rewards given for participation as opposed to achieving particular results.
o If rewards are modest, programs are more likely to be viewed as voluntary rather than mandatory. - All programs should be equally accessible to people with disabilities. Reasonable accommodations should be given for disabled, older or pregnant employees.
- All documents regarding medical information should be kept in a different place then an employee’s personnel file or any wellness activities, the company should stress that participation is voluntary.
- Companies should limit direct supervisors from administering the activities when a trained HR representative is available.
- Consider making your Wellness Program part of your formal health benefit plan to take advantage of the ADA’s exception for health
questions.