As open-enrollment season for health insurance approaches, employees may see (if they have not already) options for reducing their health insurance costs by voluntarily enrolling in an employer wellness program. Alternatively, your union may have even entered into an agreement with your employer that requires you to participate in an employer wellness program, in order to maintain your health insurance. Billed as your opportunity to save money, participation in employer wellness programs are, in reality, merely fee-shifting endeavors that penalize employees with higher deductibles, higher co-pays, or fees for failure to participate. Unfortunately, trying to sort out what your rights are with respect to these wellness programs under the ADA, HIPAA and GINA ** (“Genetic Information Nondiscrimination Act) is a complicated undertaking.
City of Houston v. Proler, No. 14-10-00971-CV, Texas Court of Appeals, Fourteenth District, May 31, 2012 , dur g March 2006, a capta a fire suppression unit the Houston Fire Department (HFD) responded, along with firefighters that he supervised, to a build g fire. While at the scene of the fire, the capta failed to follow orders and was found stand g a smoke-filled room. Medics at the scene determ ed that his blood pressure was low. Subsequently, at the direction of the HFD, he sought medical treatment.
In Jeudy v. Attorney General, Department of Justice, No. 11-15838, Slip. Opinion, July 26, 2012, 11th Cir.,during her probationary period of employment, a pregnant corrections officer informed her employer that as the result of her pregnancy, she experienced severe pelvic pain caused by fibroids on her uterus. According to the officer, the severe pain limited her ability to walk, stand and climb stairs. She requested an accommodation in the form of being allowed to change her shift and work while seated.
