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Voluntary Versus Mandatory Wellness Programs
Last month, we discussed voluntary and incentive-based wellness programs, which are usually offered to employees on a voluntary basis, with various incentives often added to foster continued participation. We went on to discuss mandatory programs, which a minority of employers provide to encourage employees to get healthier by providing extensive health care services ' but that also require certain conduct, such as giving up alcohol and tobacco. This month, we continue with an in-depth discussion of the risks associated with mandatory programs.
An Illustration of the Risks Associated with Mandatory Programs
A lawsuit entitled Scott Rodrigues v. The Scotts Company, LLC, which arises from the operation of a mandatory wellness program, is currently pending in the United States District Court for the District of Massachusetts. A review of the claims and defenses in that lawsuit sheds light on the types of exposure that may accompany mandatory wellness programs.
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