NOTE: The opinions in this article are the author’s and do not necessarily represent the views of Shortlister
Recently Shortlister published an interpretation of the AARP vs EEOC (Equal Employment Opportunity Commission) decision, by Barbara Zabawa. We won’t recap the decision here. You can simply refer to her article for a refresher. This article instead proposes a largely different interpretation.
By way of background, I consider Attorney Zabawa to be the leading authority on wellness law. In addition to having very favorably reviewed her book on wellness law myself, my company obtained a validation from Attorney Zabawa to support our claim that our health risk assessment (HRA) satisfied the requirements of an HRA without the need for collecting personal health information.