Paving a road to well? How the legal pitfalls of wellness programs can harm organizational performance

Wellness programs are growing in popularity. This is not surprising, given that studies have found wellness programs can create important benefits for employees and employers alike. However, companies need to be aware that wellness programs can also create significant and costly legal problems. No wellness program can be designed to completely avoid legal risks, but companies can minimize their chances of falling victim to financial damages by (1) steering clear of disparate impact; (2) rewarding behavior, not outcomes; (3) keeping programs voluntary; (4) not letting wellness programs influence employment decisions; (5) protecting employees’ medical information; (6) not creating hostile work environments via wellness activities; and (7) clearly separating work hours and wellness activities.