Marc Herman, writing for the Connecticut Employment Law Blog:

"94% of employers with over 200 workers according to the EEOC, offer their employees wellness programs....'The EEOC contends that the biometric testing and health risk assessment [in some wellness programs] constituted “disability-related inquiries and medical examinations” that were not job-related and consistent with business necessity as defined by the Americans With Disabilities Act (ADA). These alleged actions and severe consequences for not providing prohibited information as part of its “wellness program” violate Title I of the ADA, which prohibits disability discrimination in employment, including making disability-related inquiries.'"

Remember, voluntary medical examinations as a part of a wellness program are fine. But if employees are penalized for not participating in the medical examinations, they are likely to be found to be involuntary.

Read Herman's entire article here.