One of the lingering questions about wellness program incentives, especially outcomes-based programs that require employees to meet specific health benchmarks to qualify for a reward, is how they'll be viewed by the courts. It's definitely an issue to watch.
Judith Lichtman, Senior Advisor at the National Partnership for Women & Families, recently submitted testimony about wellness incentives to the Equal Employment Opportunity Commission. Her opinion is that some results-based incentive strategies could be seen as a violation of employment nondiscrimination laws if they penalize women, older employees, or racial minorities disproportionately. (Thanks to our friend at Kaiser Permanente for the tip!)