Cornell University

Labor and Employment Law Program

16 E. 34th Street, 4th Floor, 212-340-2866


Affordable Care Act (ACA) and Wellness Programs

At Odds With EEO Laws and Collective Bargaining Agreements?

Note for Attorneys

2.5 CLE Credits (New York State)

This course is accredited for on-demand Continuing Legal Education (CLE) credit hours in the state of New York. However, your state might accept New York state CLEs. Please check our list to see if your state accepts NY state CLEs.

Professional Practice (Non-Transitional ONLY)
For more information, please contact Stephanie Sutow at 212-340-2866 or

Course Description

Format: Online Course (On-Demand)

Health Word CloudAffordable Care Act regulations encourage employers to implement wellness programs (e.g. smoking cessation, weight loss, etc.) with an assumed resulting reduction in the cost of insurance coverage. What happens if an employee can’t lose weight? The Final Rules issued by the Departments of Health & Human Services, Labor and Treasury outline nondiscrimination standards for incentives to reward employees who meet the wellness goals.

Additionally, what are the implications for violations of Title VII, the ADA, GINA, as well as HIPAA issues? Do these programs conflict with provisions of collective bargaining agreements and lead to grievances?

In this online course, our panel discusses the legal issues facing employers, unions, benefit plans, and workers and the attorneys who represent them.


  • Susan E. Bernstein, Special Counsel, Schulte Roth & Zabel LLP
  • Elizabeth Grossman, Director, PAIR & PABSS, Disability Rights New York, Disability Advocates, Inc., and formerly Regional Attorney, NY District Office, EEOC
  • Tom Kennedy, Partner, Kennedy, Jennik & Murray P.C.
  • Joan Smyth, Partner, Mercer
  • Moderated by Mark Brossman, Partner, Schulte Roth & Zabel LLP


  • Introductions (4 min video)
  • Panel Overview (10 min video)
  • Susan Bernstein (16 min video)
  • Joan Smyth (22 min video)
  • Elizabeth Grossman (15 min video)
  • Tom Kennedy (21 min video)
  • Panel Discussion and Q&A (35 min video; pre-recorded)
  • Speaker Interviews (18 min video)
  • Attendance Verification Quiz (for attorneys seeking CLEs)
  • Course Completion Evaluation Survey

Note: After registering, you will receive an invitation email to access your course within 2 business days. The email will be addressed from "Instructure Canvas", and you will have 60-day access to the course and materials.