ACA and Wellness Programs: At Odds With EEO Laws and Collective Bargaining Agreements?

February 28, 2014 - New York City

Affordable Care Act regulations encourage employers to implement Wellness Programs (e.g., smoking cessation, weight loss, etc.) with an assumed resulting reduction in cost of insurance coverage. Are these savings real? Additionally, there are legal implications including the question of disparate impact discrimination under Title VII, the ADA, GINA, as well as HIPAA issues.

Do these programs conflict with provisions of collective bargaining agreements, leading to grievances? 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.

How are these programs developed? Our panel to discussed 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

Download the Agenda (PDF, 96 KB)

Presenter Bios (PDF, 84 KB)

Presentations (PDF, 960 KB)

Date: Was held on Friday, February 28, 2014

Sponsored by Kennedy, Jennik & Murray P.C. and Schulte Roth & Zabel LLP