Honeywell is not the first employer to be sued by the Equal Employment Opportunity Commission due to a wellness program, but it is the biggest. The EEOC filed its third suit Monday against the company, in part because employees can be fined up to $4,000 if they don’t participate in the wellness program. Employees and spouses must comply with biometric testing or be fined and lose contributions to health plans.
The EEOC says that the biometric testing is required – instead of optional – and violates several antidiscrimination laws. Reuters reports:
According to the lawsuit, employees and spouses are screened for blood pressure, cholesterol, blood-sugar levels, waist circumference and nicotine. Honeywell had informed employees that testing was to occur from Oct 22-31, the lawsuit said.
The testing program violates the Americans with Disabilities Act and Genetic Information Nondiscrimination Act, according to the lawsuit. The EEOC enforces federal labor laws having to do with discrimination.
The agency asked for a temporary restraining order and preliminary injunction enjoining Honeywell from seeking to impose the penalties. A hearing is set for Monday, according to court documents.
In response to the lawsuit, Honeywell said the EEOC was “woefully out of step with the health-care marketplace.”
The Wall Street Journal said that… . More