Examples include:

• Blood pressure screening.
• Cholesterol testing.
• Glaucoma testing.

• All medical records must be kept confidential and separate from personnel records.

Employers need not demonstrate that such programs are job-related or consistent with business necessity, as long as the program is voluntary. A wellness program isn’t voluntary if employers penalize employees who don’t participate.2 The federal EEOC has indicated that certain wellness program aspects can render those programs involuntary — such as financial penalties or increased premiums.

For more information, see Wellness Programs.

• Wellness programs are an area of increased attention and a rapidly changing area of the law. Employers with questions regarding wellness program implementation should seek legal counsel.

In addition to voluntary wellness program requests, an Employee Assistance Program counselor may ask an employee seeking help about any physical or mental conditions the employee has if the counselor:

• Doesn’t act on behalf of the employer;
• Is obligated to keep employee information confidential from the employer;
• Has no power to affect employment decisions; and
• Discloses these provisions to the employee.3

1. Govt. Code sec. 12940(f)(2)

2. 2 CCR sec. 11071(d)(3)(C)

3. 2 CCR sec. 11071(d)(3)