District Court Finds that Wellness Program Falls Within ADA ?Ç£Safe Harbor?Ç¥

A federal district court in Florida granted a motion for summary judgment in favor of the employer-sponsor of a group health plan in a case in which a plan participant alleged that the plan?ÇÖs wellness program violated the Americans with Disabilities Act (the ?Ç£ADA?Ç¥). Under the wellness program, employees participated in health risk assessments and biometric screenings for cholesterol and glucose levels. A $20 surcharge was imposed on employees who did not participate. The ADA specifically prohibits employers from requiring an employee to undergo a medical examination, unless it is voluntary or used to determine the employee?ÇÖs ability to perform his/her job. However, the ADA includes an exception to the ADA?ÇÖs prohibitions for ?Ç£bona fide benefit plans.?Ç¥ The court found that the wellness program in question fit within the ADA safe harbor for bona fide benefit plans. Seff v. Broward County, No. 10-61437-CIV-MOORE/SIMONTON (S.D. Fla. Apr. 11, 2011).