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Webinar: What do we do now? What to expect after the EEOC v AARP Case
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WEBINAR: What Do We Do Now? What to Expect After the EEOC v. AARP Case

Forget carrots and sticks - a recent ruling against the Equal Employment Opportunity Commission (EEOC) may have serious legal implications for your wellness program. In 2016, the American Association of Retired Persons (AARP) brought a lawsuit against the EEOC stating that the EEOC’s wellness incentive rule did not meet the requirements under the Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA). The court ruled in favor of the AARP, stating that employer-sponsored wellness incentives may no longer rely on the ADA and GINA safe harbors of 30% of the total cost of self-only coverage effective Jan. 1, 2019.  This means that employers will face uncertainty when incentivizing employee participation in health risk assessments or biometric screens. 

This webinar will discuss what the AARP case means for workplace wellness and what workplace wellness program designers can do to stay compliant with the ADA and GINA. It will be led by Barbara Zabawa, JD, MPH and Attorney/President of the Center for Health and Wellness Law, LLC, will discuss:

  • Background on the AARP v. EEOC lawsuit and Wellness Compliance.
  • How the case affects employers and existing wellness programs.
  • What can employers expect without being able to predict the future.
  • How to move forward with various incentive options and the associated risks. 

WHEN:    Thursday March 8th
12:00 - 1:00 PM


Speaker Information

Barbara J. Zabawa is a Clinical Assistant Professor for the University of Wisconsin Milwaukee College of Health Sciences, Department of Health Services Administration where she teaches graduate and undergraduate courses in health law and compliance, US health care delivery and health professions career development. Barbara also owns the Center for Health and Wellness Law, LLC a law firm dedicated to improving legal access and compliance for the health and wellness industries. 

Barbara is lead author of the book Rule the Rules on Workplace Wellness Programs, published by the American Bar Association.  She is a frequent writer and speaker on health and wellness law topics, having presented for national organizations such as WELCOA, National Wellness Institute, HPLive, Healthstat University and HERO.

Before graduating with honors from the University of Wisconsin Law School, she obtained an MPH degree from the University of Michigan.  Immediately prior to starting her own firm, she was Associate General Counsel and HIPAA Privacy Officer for a large health insurer where she advised on Affordable Care Act matters. She was also a shareholder and Health Law Team Leader at a large Wisconsin law firm. 

Barbara serves health and wellness professionals and organizations across the country as an advocate, a transactional lawyer and a compliance resource.  Her commitment to improving health and wellness also shows through her community service.  Barbara sits on the Board of Directors for Health Promotion Advocates, a national nonprofit organization created to integrate health promotion into the national agenda.  She also is a Board Member for the Rogers Memorial Hospital Foundation, a health care organization that specializes in treating mental illness and she chairs the State Bar of Wisconsin Health Law Section. Barbara is licensed to practice law in both Wisconsin and New York. 

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