By Jennifer Carsen, JD, Legal Editor
Can employers legally require employees to participate in a wellness program as a condition of being covered by the company’s health plan? A new court decision from the Western District of Wisconsin says yes.
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Dale Arnold worked at a Wisconsin outpost of international plastics manufacturer Flambeau, Inc. Arnold willingly participated in the company’s two-part wellness program—consisting of a health risk assessment and a biometric test—that year the company was giving out a $600 credit for doing so.
The next year, Flambeau pulled the $600 carrot and replaced it with a big stick: Employees were now required to participate in the two-part wellness program in order to participate in the company insurance plan.
Arnold failed to complete the program’s assessment and tests by the required deadline, and Flambeau discontinued his insurance coverage. A disgruntled Arnold wasted no time in filing a union grievance, a complaint with the Department of Labor, and a complaint with the Equal Employment Opportunity Commission (EEOC).