One of the arguments presented in the lawsuit against three employers is that requiring medical testing violates the Americans with Disabilities Act. That 1990 law, according to employment-law attorney Joseph Lazzarotti of Jackson Lewis P.C. in Morristown, N.J., largely prohibits requiring medical tests as part of employment. "You can't make medical inquiries unless it's consistent with job-necessity, or part of a voluntary wellness program," he said.
The lawsuits are based on the view that it is no longer voluntary if employees face up to $4,000 in penalties for non-participation, loss of insurance or even their jobs. Employers, however, see the lawsuits as reneging on the administration's commitment to an important part of the healthcare reform.
It used to be against the law for my employer to ask me certain personal questions, including questions about my health. I guess that's not the case any more.
Not if you want to keep your job.
Your enrollment and participation in a wellness program is as voluntary as your paying your taxes.
Don’t want to? Here’s your pink slip.
Today they ask for your BMI and blood pressure. Tomorrow they will ask for the incidence of cancer in your family.