From the National Law Review:
“Flambeau Wellness Program Testing Falls Within ADA Safe Harbor
On December 30, 2015, a federal judge in the Western District of Wisconsin ruled in favor of Flambeau, Inc. (Flambeau) and against the Equal Employment Opportunity Commission (EEOC) in holding that Flambeau’s medical exams as part of its wellness program and self-insured medical plan did not violate the Americans with Disabilities Act (ADA).”
This company required employees to take a health risk assessment and a biometric test (routine exam, height/weight, blood pressure, and bloodwork) if the employees wanted to participate in the companies medical plan. All data was aggregated (except the smoker status) so that the employer was not aware of any one persons issues. The information was used for setting costs and plan design in their self-insured plan.