Find out the legal traps that may cause some issues in your workplace weight loss and wellness program.
Learn the issues used to identify and address when formulating and implementing a corporate wellness program that is aimed at weight loss. The number of potentially applicable federal and state laws requires careful consideration of the potential issues raised with drafting and managing a corporate wellness program. The multiple relevant laws and regulations only heighten the need for a deliberate review and consideration of any work place programs assembled to reduce health care costs by encouraging employees to lose weight. Discuss employee wellness programs targeting weight reduction or obesity to analyze this issue within its broader context and potential legal implications.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
EEOC Enforcement of the Genetic Information Nondiscrimination Act (GINA) of 2008
- Protections Afforded to Employees Covered by GINA in Weight Loss Programs
- Restrictions on the Acquisition of Genetic Information by Employers
- Confidentiality Requirements
- Retaliation Protections for Individuals Who Oppose Actions Unlawful Under GINA
- Disparate Impact
- Medical Information That Is Not Genetic Information
- Regulations
- Privacy and Confidentiality
Health Insurance Portability and Accountability Act
- Nondiscrimination Regulations on Bona Fide Wellness Programs
- Similarly Situated Individuals - Awards Available to All and Reasonable Alternatives
- Notice to Employees Unable to Comply With Wellness Program Requirements Due to Medical Condition
Americans With Disabilities Act
- Amendment Barring Discrimination Against Qualified Individual With a Disability Who Can Perform Essential Functions of Job With or Without Reasonable Accommodation
- Definition of Disability
- Regarded as or Having a Record of Disability
- Voluntary Wellness Programs - Do They Violate the ADA?
- How Does Wellness Program Become Involuntary - Through Higher Insurance Premiums?
- Use of Health Risk Assessments - Voluntary Program
- Behavioral Questions Used in HRAs
- HRA - Confidentiality of Information - Do the ADA, HIPAA and GINA Laws Overlap on HRA Medical History Data?
State and Local Disability Discrimination and Privacy Laws
- Definitions of Disability
- Obesity - Disability Under ADA or State Disability Law
- State Privacy Laws
- State Retaliation Laws
- State Lifestyle Discrimination Laws
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on January 28, 2016.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Ambrose V. McCall
Hinshaw & Culbertson LLP
- Partner of Hinshaw & Culbertson LLP
- Represents a number of employers regarding employer monitoring and privacy issues and related claims by employees before courts and governmental agencies
- Advises clients on a range of employment issues, including state and federal regulatory laws, compliance, handbooks, and employee programs
- Defends clients against claims of employment discrimination, retaliation, wrongful discharge, wage and hour, and civil rights
- Represents a number of clients in commercial litigation, including breach of contract, real estate, and construction claims
- Clients include a wide variety of insurers, professionals, and business firms throughout Illinois
- J.D. degree, Case Western Reserve University School of Law
- Can be contacted at [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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