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Weight Loss at the Workplace: Legal Issues in Reducing Health Care Costs and Promoting Wellness

Webinar: ID# 1018072
Recorded CD
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About This Course:
Learn the issues used to identify and address when formulating and implementing a corporate wellness program that is aimed at weight loss.

The number of potentially applicable federal and state laws requires careful consideration of the potential issues raised with drafting and managing a corporate wellness program. The multiple relevant laws and regulations only heighten the need for a deliberate review and consideration of any work place programs assembled to reduce health care costs by encouraging employees to lose weight.

Discuss employee wellness programs targeting weight reduction or obesity to analyze this issue within its broader context and potential legal implications.

Agenda

EEOC Enforcement of the Genetic Information Nondiscrimination Act (GINA) of 2008
  • Protections Afforded to Employees Covered by GINA in Weight Loss Programs
  • Restrictions on the Acquisition of Genetic Information by Employers
  • Confidentiality Requirements
  • Retaliation Protections for Individuals Who Oppose Actions Unlawful Under GINA
  • Disparate Impact
  • Medical Information That Is Not Genetic Information
  • Regulations
  • Privacy and Confidentiality
Health Insurance Portability and Accountability Act
  • Nondiscrimination Regulations on Bona Fide Wellness Programs
  • Similarly Situated Individuals - Awards Available to All and Reasonable Alternatives
  • Notice to Employees Unable to Comply With Wellness Program Requirements Due to Medical Condition
Americans With Disabilities Act
  • Amendment Barring Discrimination Against Qualified Individual With a Disability Who Can Perform Essential Functions of Job With or Without Reasonable Accommodation
  • Definition of Disability
  • Regarded as or Having a Record of Disability
  • Voluntary Wellness Programs - Do They Violate the ADA?
  • How Does Wellness Program Become Involuntary - Through Higher Insurance Premiums?
  • Use of Health Risk Assessments - Voluntary Program
  • Behavioral Questions Used in HRAs
  • HRA - Confidentiality of Information - Do the ADA, HIPAA and GINA Laws Overlap on HRA Medical History Data?
State and Local Disability Discrimination and Privacy Laws
  • Definitions of Disability
  • Obesity - Disability Under ADA or State Disability Law
  • State Privacy Laws
  • State Retaliation Laws
  • State Lifestyle Discrimination Laws
About The Presenter

Ambrose V. McCall
  • Partner of Hinshaw & Culbertson LLP, Peoria, Illinois
  • Tried and litigated many employment related claims
  • Represents and advises businesses, governmental entities and insurers throughout Illinois on a range of employment issues, discrimination claims, civil rights claims, and regulatory, compliance or employee program matters
  • Presented and published a number of papers on employment related topics including employee wellness programs, the FMLA, the Sarbanes-Oxley Act, the Genetic Information Nondiscrimination Act, the Computer Fraud and Abuse Act, the Federal Code of Civil Procedure, personnel records, and discrimination and civil rights claims and related constitutional and contractual doctrines, and social media policies for businesses and their employees
  • J.D. degree, Case Western Reserve University School of Law
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Weight Loss at the Workplace: Legal Issues in Reducing Health Care Costs and Promoting Wellness
Available on CD format
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