There are three actions cur­rent­ly under review in one dis­trict of the Equal Employ­ment Oppor­tu­ni­ty Com­mis­sion, though their focus is most­ly on ADA and GINA and not the ACA (yes it helps to know all the acronyms, but the bot­tom line is they have con­cerns).  While no final action has been tak­en, nor is it cer­tain what action, if any, may be tak­en, there are warn­ings sig­naled by the fact that these actions took place, and employ­ers should consider:

1)    Offer­ing a penal­ty as opposed to a reward – the reverse will be viewed more favorably
2)    Offer­ing rewards or penal­ties equal to 100% of the pre­mi­um for fail­ure – too much?
3)    Drop­ping employ­ees from cov­er­age if par­tic­i­pant does not meet require­ments – too harsh?
4)    Omit­ting an option for appeal or an alter­na­tive for those on leave – that’s a mistake