Are Corporate Wellness Programs Headed for Life Support? The EEOC’s Challenges to Employer Wellness Plans and Capitol Hill’s Response

2015 Employment Law & Legislative Conference
Workplace Application: This session will cover the challenges that the EEOC in making to wellness plans as well provide advice on how this could impact your organization.
To view this video, either log in or enter a passcode for this session via the following link: Passcode Entry page

The Equal Employment Opportunity Commission (EEOC) had hinted for years that certain aspects of corporate wellness programs may run afoul of federal anti-discrimination laws, but failed to provide any meaningful guidance. Last fall the EEOC began challenging sponsored wellness programs. After being widely criticized for its recent actions, the agency has promised to introduce new regulations any day. In the meanwhile, several prominent Republican members of Congress introduced new legislation on March 2, 2015, which is designed bypass the EEOC and reaffirm Congress’ position that corporate wellness programs are alive and well. Leslie E. Silverman, a former Commissioner and Vice Chair of the EEOC, will discuss the:

  • Backdrop of the Patient Protection and Affordable Care Act Affordable Care Act (ACA) and its implementing regulations.
  • Compliance issues posed by the ADA and GINA.
  • Discussion of EEOC v. Orion Energy Systems Inc.; EEOC v. Flambeau Inc.; and EEOC v. Honeywell International Inc. and what these lawsuits might mean for your wellness plan.
  • Expectations for EEOC’s highly anticipated regulations governing wellness programs; and
  • Overview  of H.R. 1189/S. 620  The Preserving Employee Wellness Programs Act.
Date(s) & Time(s): 
Tuesday, March 24, 2015 - 9:15am to 10:45am

Leslie E. Silverman


Leslie E. Silverman is a shareholder at Fortney & Scott, LLC where she counsels and advises clients on complying with workplace laws, dealing with the Equal Employment Opportunity Commission, other government agencies and Congress, and on a wide range of workplace issues, including employment screening and diversity and recruitment and retention programs.  Ms. Silverman also conducts workplace investigations and represents clients before the EEOC and other government agencies.

Renaissance Ballroom West B
Amount of Credit: 
Credit Type: 
 This has been submitted and is pending approval from HRCI
Session Type: 
Concurrent Session
HR Expertise
Critical Evaluation
Intended Audience: 
Hide from On Demand: