EEOC May Proceed With Retaliation Claims Due To Speech On Medical Exams

(September 22, 2016, 2:05 PM EDT) -- GREEN BAY, Wis. — An employer’s changes to its health insurance plan that require employees to undergo a health risk assessment (HRA) or pay an additional amount per year is permissible because it is voluntary under 42 U.S. Code Section 12112(d)(4)(B), a Wisconsin federal judge ruled Sept. 19; however, the judge further ruled that the Equal Employment Opportunity Commission may proceed with retaliation claims it is bringing on behalf of a terminated worker who alleges that she was fired after speaking out against the changes (Equal Employment Opportunity Commission v. Orion Energy Systems, Inc., No. 14-1019, E.D. Wis.; 2016 U.S. Dist. LEXIS 127292)....

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