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