Fired for health-program refusal, suit says

Orion Energy Systems Inc. was sued Wednesday by the U.S. Equal Employment Opportunity Commission for reportedly punishing, then firing, a worker who refused to participate in a company wellness program.

The complaint, filed in federal court in Green Bay, Wis., is the first to challenge a wellness program under the Americans with Disabilities Act, the EEOC said in a statement. Orion, a maker of energy-efficient lighting systems, is based in Manitowoc, Wis.

While most Americans approve of programs offered by employers to promote healthy behavior, a majority says it's not appropriate for employers to require people who don't participate to pay higher premiums, according to results of a June survey by the Kaiser Family Foundation, a nonprofit health care research organization.

Seventy-six percent of those surveyed and 80 percent of those who get their insurance through their employer favor the programs, Kaiser reported. Sixty-two percent of respondents oppose the premium linkage, the Menlo Park, Calif.-based organization said.

Wendy Schobert declined in 2009 to undergo a health-risk assessment that was part of Orion's wellness program, raising concerns whether the exam was voluntary and if the results would be kept confidential, according to the agency's complaint.

She was compelled to pay the entire $413.43 monthly premium for her company-provided health insurance, plus a $50 monthly penalty for not taking part in a fitness component of the program, according to the EEOC.

In May 2009, she was fired for her refusal to participate, the agency said. The EEOC is seeking a court order barring Orion from forcing employees to undergo medical exams or answer disability-related questions and from retaliating against them if they object. It's also seeking compensation for Schobert.

Scott Jensen, chief financial officer for Orion, didn't immediately reply to a voicemail message seeking comment on the allegations.

The case is Equal Employment Opportunity Commission v. Orion Energy Systems, 14-cv-1019, U.S. District Court, Eastern District of Wisconsin (Green Bay).

Business on 08/21/2014

Upcoming Events