EEOC Asks Court To Halt Biometric Testing Features of Corporate Wellness Program

On October 27, 2014 the Equal Employment Opportunity Commission asked the U.S. District Court in Minnesota to temporarily restrain Honeywell International’s wellness program from performing biometric testing on employees. The EEOC claims preliminary court relief is needed to prevent employees from suffering irreparable harm due to submitting to wellness program requirements. Employees can choose not to submit to biometric testing, which requires taking a blood sample, but making this choice will result in monetary penalties, ranging from a $500 surcharge to $1500 in extra premium contributions. A court hearing on the EEOC’s request for a preliminary injunction is scheduled for November 3 at the U.S. Court House in Minneapolis.

The EEOC claims that Honeywell’s biometric testing includes drawing blood, measuring body mass indexes, and screening for high blood pressure, diabetes, and smoking and therefore is an involuntary medical exam prohibited by the Americans with Disabilities Act (ADA). The EEOC also claims that the biometric testing violates the Genetic Information Nondiscrimination Act (GINA) by requiring disclosure of spousal medical history, and therefore family medical history.

On October 30 Honeywell filed its opposition to the EEOC’s petition and argues that its wellness program is voluntary and permissible under ADA provisions that allow employers to request medical examinations in connection with voluntary wellness programs. Honeywell also claims its program is covered by the ADA’s insurance safe harbor provision. It denies any violation of GINA since its wellness program makes no inquiry about family health industry, and argues that GINA expressly authorizes its biometric screening program.

If you have any questions about whether your company’s wellness program is compliant with the Affordable Care Act, HIPAA, the ADA or GINA, please contact Patrick W. McGovern, Esq., in our Employee Benefits Group at 973-535-7129, pmcgovern@genovaburns.com.