The surprise decision in AARP v. EEOC upends workplace wellness, and creates significant liability potential for employers whose biometric screening, health risk assessments, coaching, checkups, and/or crash-dieting contests dangle incentives or threaten penalties.

This course begins by reviewing what happened and why, and which of your activities are and are not affected. It then forecasts the likely reaction of EEOC, and why exposure to employee civil actions could be much greater than you expect starting in 2019. It will go through numerous examples of what wellness activities are still in a safe harbor, which aren’t, and where the gray areas are.

Most importantly, we will cover what to do about it…and how you can essentially eliminate added liability while improving your program. Indeed, handled wisely, AARP v. EEOC could be the best thing that has ever happened to it.The surprise decision in AARP v. EEOC upends workplace wellness, and creates significant liability potential for employers whose biometric screening, health risk assessments, coaching, checkups, and/or crash-dieting contests dangle incentives or threaten penalties.

This course begins by reviewing what happened and why, and which of your activities are and are not affected. It then forecasts the likely reaction of EEOC, and why exposure to employee civil actions could be much greater than you expect starting in 2019. It will go through numerous examples of what wellness activities are still in a safe harbor, which aren’t, and where the gray areas are.

Most importantly, we will cover what to do about it…and how you can essentially eliminate added liability while improving your program. Indeed, handled wisely, AARP v. EEOC could be the best thing that has ever happened to it.

Learning Objectives
  • Discover what actually happened in this decision and why it upends all previous assumptions about wellness
  • Identify the distinguishing attributes of what wellness program components are covered and what aren’t
  • Recognize what the solution(s) could be, and how to implement a “safe harbor” in the absence of a formal set of EEOC safe harbor rules 
Last updated/reviewed: August 7, 2023
Prerequisites
Course Complexity: Intermediate

No advanced preparation or prerequisites are required for this course.

Education Provider Information
Company: Illumeo, Inc., 75 East Santa Clara St., Suite 1215, San Jose, CA 95113
Contact: For more information regarding this course, including complaint and cancellation policies, please contact our offices at (408) 400- 3993 or send an e-mail to .
Instructor for this course
Course Syllabus
INTRODUCTION AND OVERVIEW
  Introduction to AARP v. EEOC: Impact on Workplace Wellness4:37
  The Wayback Machine7:49
  Is this the last word?10:35
  What happens to HRAs now?11:04
  Making Lemonade out of AARP v. EEOC8:47
  A&Q9:28
  A&Q Continued 10:23
CONTINUOUS PLAY
  AARP v. EEOC: Impact on Workplace Wellness1:02:46
Supporting Materials
  Slides: AARP v. EEOC: Impact on Workplace WellnessPDF
  AARP v. EEOC: Impact on Workplace Wellness Glossary/IndexPDF
REVIEW AND TEST
  REVIEW QUESTIONSquiz
 FINAL EXAMexam