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Court: Employers Can Require Health Screenings for Insurance


Rich Meneghello was quoted in SHRM on January 8, 2016. The article “Court: Employers Can Require Health Screenings for Insurance” discussed how a federal district judge has ruled against the Equal Employment Opportunity Commission (EEOC) and held that an employer can require workers to undergo health screenings as a condition for receiving employer-provided health coverage.

Rich was quoted on the flexibility for employers.

“With the caveat that this is still only one district court, it’s about as good a ruling as employers could hope for in the first forays into this fight,” said Rich.

As for a likely EEOC appeal, “this is not a case they are taking lightly,” Rich said. “In its arguments, the EEOC cited its proposed regulations [on wellness program incentives and unlawful discrimination], which haven’t been finalized yet. That demonstrates that they feel strongly about this issue.” The EEOC’s final rule is expected later this year.

Rich said he “found it interesting that the court never really addressed that issue [of the ACA’s incentive caps] in this case,” and that “The EEOC might argue that point on appeal, and might find more sympathetic courts in other jurisdictions.”

To read the full interview, please visit SHRM.


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