In a 2013 Business Horizons article, we described the serious legal problems that can arise when companies develop corporate wellness programs, and outlined ways in which companies can minimize their financial risk. Recently, the landscape changed: For the first time, the Equal Employment Opportunity Commission asserted that several wellness programs violate the Americans with Disabilities Act. In this installment of Organizational Performance, we explain the battles that are taking place along this new legal front and suggest steps companies can take to best ensure that their financial positions are not undermined by their wellness programs. In particular, we recommend (1) ensuring that wellness programs actually improve employee health; (2) revisiting whether programs are truly voluntary; (3) being cautious about including dependents in wellness programs; (4) collaborating with disabled employees to meet their needs; (5) providing clear, written explanations when asking for medical information; and (6) taking extra precautions to ensure that medical information is confidential.

One of the more difficult responsibilities of employers is dealing with problem employees. Employee misconduct and poor performance can lead to productivity issues, morale problems, and inferior quality products. For these reasons, it behooves employers to address performance issues rather than allow them to fester. By understanding which federal employment laws can be triggered when making employment decisions, avoiding common mistakes in applying these laws, and implementing key policies, employers can provide structures in the workplace that allow them to address problems effectively and minimize their legal exposure.