The new year is commonly seen as an opportunity to renew one’s focus on health. Whether it’s “Dry January,” a New Years resolution to engage in daily movement, or rethinking ways to promote better sleep after watching all 50 episodes of The Crown over the holidays, many of us find ourselves seeking more balance and sustainability in our non-work lives. Over the past couple of decades, many workplaces have become powerful motivators for improving healthy habits, especially around the new year. Researchers have long sought to demonstrate a connection between improving employees’ health and corporate financial well-being. Workplace wellness programs have become increasingly popular as mechanisms for achieving these gains. And while many such programs can have the beneficial results employers want, it is important for employers to be aware of potential pitfalls of adopting policies that are too intrusive or discriminatory.
The regulatory framework surrounding employer-led wellness programs is complex, as several federal statutes intersect. For example, the Americans with Disabilities Act (“ADA”) makes it unlawful for employers to require employees submit to medical exams or to ask about employees’ disabilities. While voluntary medical exams for employees participating in a wellness program are exempt from the ADA’s prohibition, if a program conditions financial bonuses or some other employment benefit on employees’ participation, it could be discriminatory. Likewise, the Health Insurance Portability and Accountability Act (“HIPAA”) protects the confidentiality of individuals’ health information, meaning wellness programs that require certain information for evaluating employee participation might run amok of HIPAA, depending on the information they seek. Finally, the Genetic Information Nondiscrimination Act (“GINA”) prohibits employers from requesting family medical history information that can be tied to one’s genetic makeup. While employees can volunteer such information, GINA makes it unlawful to tie financial incentives to such disclosure.
Legal risks aside, overly intrusive programs might create cultural problems in the workplace that wellness programs are ostensibly aimed at preventing. A program that invites employees to share their body weight or opine on coworkers’ weight loss (picture The Office episode involving the characters’ collective weigh-ins) might induce shame, embarrassment, or isolation for some, harming not only their mental health but also their productivity and morale. With these considerations in mind, employers would be wise to tailor any workplace wellness programs—in January and beyond—to promote positive, inclusive, and respectful environments for all employees.
Resources: https://www.healthaffairs.org/doi/10.1377/hlthaff.2016.0729