6/8/2023 0 Comments Imposition studio crackThe resolution of that charge is pending, but Shawn plans on going to court if a ruling from the EEOC doesnt fix the problem.When the injustice of the non-wellness surcharge first came to his attention, Shawns sense of right and wrong went into overdrive.Ive always been upset when I see somebody disadvantaged or somebody vulnerable get beaten.I think thats the scenario you encounter with employees and employers, he says, though quickly adding that this doesnt necessarily apply to all employers. ![]() Employment litigators in the Illinois area Shawn reached out to one of the law firms involved with that case, which put him in touch with AARP Foundation attorneys.That has led to the filing of a charge of discrimination with the EEOC against Austin Industrial, filed by AARP Foundation attorneys and co-counsels Fish, Potter, Bolanos, P. Shawns research also led him to news accounts of AARP Foundation attorneys role in a class action lawsuit against Yale University, which was also charging employees a fee for not participating in a wellness program the case ended in a settlement that stopped the imposition of those fees. That potential $2,400 penalty did not feel like a voluntary situationĪs Shawn puts it, Some people who financially could not afford to refuse to participate would check the box they are voluntarily participating because they feel they have no choice but to participate.Its not because theyre voluntarily participating.Its because they cannot lose $2,400 a year. ![]() And he started doing some research.Shawn soon found out that the American with Disabilities Act (ADA) and the Genetic Information Nondisclosure Act (GINA) require that company wellness programs be entirely voluntary. The risk he didnt expect was the one to his and his familys private medical information.Thats a risk that wasnt inherent to the job, but that Austin was adding to the list.In 2021, Shawn learned from a company flyer that both he and his wife, as part of the company health plans wellness program, had to submit to biometric screening including waist measurements and lab tests for conditions like diabetes or face a hefty insurance-premium penalty of up to $2,400 that the company called a non-wellness surcharge. Shawn Jones Fights Discriminatory Wellness Program Practice What We Do Construction Worker Fights Unfair Wellness Program Employee Shawn Jones knew his company forcing him to participate in a wellness program was wrong so he did something about it Right is right, and wrong is wrong, says Shawn Jones.Hes known that since he was a boy growing up in the farmland of central Illinois.Shawn, 53, works for Austin Industrial in Decatur.Its a job that comes with risks in the form of tasks that involve high-voltage power cables, operating heavy machinery, and dealing with mechanical systems, all of which exposes him to hazards that could lead to serious injuries and even death. ![]() Shawn Jones Fights Discriminatory Wellness Program Practice
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