More than 5,000 workers at Yale University were forced to either share their private medical information with their employer or pay an expensive fine, according to a class action lawsuit filed by Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. and the AARP Foundation.
The complaint alleges that, by charging employees $25 per week, or $1,300 annually, if they didn’t participate in the University’s wellness program, Yale has violated both the Americans With Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). These civil rights laws prohibit employers from obtaining medical or genetic information from their workers unless that information is provided voluntarily.
Yale’s wellness program, called Health Expectations Program (HEP), requires most of Yale’s unionized employees to share their private health information and to submit to extensive medical testing. Employees who would rather keep this information private or not participate in the testing are automatically charged $25 per week.
This class action lawsuit claims that as many as 5,400 university employees were forced to either share their private medical information with their employer or pay the expensive fine. The program is especially problematic for older workers or those who have medical conditions or disabilities, such as heart disease, cancer, and diabetes, as these ailments are at risk of being revealed by wellness questionnaires and exams. More than anything, the program negatively affects low-income workers, for whom $1,300 is a substantial penalty.
Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. and AARP Foundation believe that workers should have the freedom to choose whether to divulge personal health information in the workplace, as Congress intended.
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If you feel that your employer has violated the Americans With Disabilities Act (ADA) or the Genetic Information Nondiscrimination Act (GINA), please call Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. today. We provide award-winning representation to employees in all aspects of employment law.