Weight Loss At the Workplace: Legal Issues For Employers Seeking To Reduce Health Care Costs

CD & Manual
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 93 Min. Audio MP3 - No shipping cost
   389261POD $89.00 USD Add to Cart
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What is a Podcast?

Benefits

Learn the issues used to identify and address when formulating and implementing a corporate wellness program that is aimed at weight loss reduction. 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. The speaker's discussion of employee wellness programs targeting weight reduction or obesity will analyze this issue within its broader context and potential legal implications.


Agenda

EEOC Enforcement of the Genetic Information Nondiscrimination Act 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

Faculty

Ambrose V. McCall, Hinshaw & Culbertson LLP

Ambrose V. McCall
  • Partner of Hinshaw & Culbertson LLP, conducting his practice from Peoria, Illinois
  • Tried and litigated many employment related claims
  • Represents a wide variety of businesses, governmental entities and insurers throughout Illinois
  • 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, 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
  • Can be contacted at amccall@hinshawlaw.com




These Materials are Designed For

This live audio conference is designed for human resource managers, benefits and payroll professionals, personnel managers, business owners and managers, CFOs and attorneys.

CD & Manual - CD Set with bound 100 page manual
Podcast - 93 Minute MP3 with 100 page electronic manual - Immediate Access and No Shipping Cost