Tip of the Day: Mandating health risk assessments is an ADA no-no

Some employers have taken the bold step in recent years to mandate employees to participate in health risk assessments to obtain group health insurance. However, a new informal letter from the Equal Employment Opportunity Commission says that such a requirement is one bold step forward but two legal steps back, writing that the mandate is a violation of the Americans with Disabilities Act.

In part, the letter reads: "Although the Equal Employment Opportunity Commission has not taken a formal position on this issue, this office believes the policy you described would violate provisions of the Americans with Disabilities Act that require disability-related questions or medical examinations of employees to be job-related and consistent with business necessity."

I understand the EEOC's position, but in this economy, if every dollar in health savings isn't "business necessity," I don't know what is. What do you think, pros? Comment and let me know.

Click here to read the full text of the EEOC's letter.

Tip of the Day

Revisit employee medical confidentiality requirements.

With changes to the ADA and FMLA, and the persistent unknowns of HIPAA, experts at Ogletree Deakins advise employers to brush up on the laws and their provisions for employers regarding maintaining workers' medical privacy. Click here for the firm's advisory.

Tip of the Day

The Equal Employment Opportunity Commission has released a new guide for employers on applying Title 1 of the Americans with Disabilities Act. In other ADA news, the Senate recently passed amendments to the law, designed to counter Supreme Court decisions that ruled that people with certain ailments were not ADA protected because their conditions could be aided with medication use of a prosthesis.