A U.S. District Court has determined, in EEOC v. Orion Energy Systems, Inc., that an employer’s wellness program, which requires employees who had enrolled in its group health plan to undergo health risk assessments or pay full premium costs, was voluntary and did not violate the Americans with Disabilities Act (“ADA”). Nevertheless, the court indicated that, going forward, the EEOC’s recently-issued regulations, which limit the incentive that employers can provide for a wellness program, is enforceable. (Wagner Law Group)