The U.S. Equal Employment Opportunity Commission shocked companies last fall when it filed a lawsuit against Honeywell arguing that its wellness program, which is similar to the programs offered by many other companies, violated both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).

Although a judge rejected the EEOC's request for a temporary restraining order against Honeywell's program, the lawsuit created a great deal of uncertainty for employers. Such wellness programs and incentives to encourage employees to participate in them have become mainstream as companies attempt to control their health care costs.

A recent survey of 121 large corporates conducted by the National Business Group on Health and Fidelity found that 79% offer some type of health improvement or wellness program. Among those companies, 74% offer employees an incentive to participate.

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Susan Kelly

Susan Kelly is a business journalist who has written for Treasury & Risk, FierceCFO, Global Finance, Financial Week, Bridge News and The Bond Buyer.