EEOC v. Flambeau, Inc.

Case Updates

The Seventh Circuit affirmed the district court’s judgment dismissing the case but did not address the merits of the statutory debate.

The U.S. Chamber filed a coalition amicus brief in the Seventh Circuit defending the district court decision in EEOC v. Flambeau, Inc. The district court held that an employer falls within the Americans with Disabilities Act (“ADA”) safe harbor provision for activities related to the administration of a bona fide insurance benefit plan when it conditions participation in an employer-subsidized health insurance plan on employees’ completion of a “health risk assessment” and “biometric screening test.” The EEOC appealed that ruling, asserting that requiring employees to submit to medical examinations as a condition of participating in a health insurance plan violates the ADA.

The U.S. Chamber’s brief asks the Seventh Court to affirm summary judgment in the defendant’s favor. The brief outlines the benefits of wellness programs like the ones in question and explains that collecting employee health data helps employers design plan benefits and forecast risks to minimize costs of health insurance plans—which helps both employees and employers. It also describes EEOC’s oversight as unnecessary and unauthorized because employees are already protected against discrimination under current ADA law.

The HR Policy Association, American Benefits Council, and ERISA Industry Committee joined the Chamber in filing this brief.

Michael S. Burkhardt, John G. Ferreira, and Lauren E. Marzullo of Morgan, Lewis, & Bockius LLP served as co-counsel for the amici.