Mandatory Employee Wellness Programs

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Laws to consider Triumph Industries Inc. should be aware that according to Genetic Information Nondiscrimination Act (GINA) signed in 2008, generic screening is not allowable. This act protects Americans against discrimination based on their genetic information when it comes to health insurance and employment [5]. The law has two parts: Title I makes it illegal for health insurance providers to use or require genetic information to make decisions about a person's insurance eligibility or coverage. This part of the law went into effect on May 21, 2009. Title II makes it illegal for employers to use a person's genetic information when making decisions about hiring, promotion, and several other terms of employment. This part of the law…show more content…
If Triumph Industries Inc. has employees 40 years old and over it should pay attention to the Age Discrimination in Employment Act (ADEA) that prohibits employers from discriminating against individuals because of age. This is one more regulation that conflicts with mandatory wellness programs that require employees to achieve a certain health standard without adjusting for the age of employees. Any wellness program requiring workers to hit a certain level or score - such as blood pressure or cholesterol - must make allowances for differences in age and health conditions of older employees. Otherwise, it may violate the ADEA. Triumph Industries Inc should be aware of certain other statutes that work on a state level when implementing a wellness program especially when the company operates in different states. For instance, many states have passed lifestyle discrimination statutes that protect employees from being discriminated for engaging in off-duty lawful activities, even if those activities are unhealthy. California, employers may not discriminate against an employee or applicant for lawful conduct occurring during nonworking hours away from the employer’s premises [9]. There is one more document that should be taken into consideration. The Employee Retirement Income Security Act of 1974 (ERISA) that sets minimum
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