Robert W. Small writes:
The Americans with Disabilities Act prohibits discrimination in the workplace based on an employee’s disability where a qualified employee can perform the essential functions of a job with or without reasonable accommodation. The ADA prohibits employers from soliciting medical information from employees which could be used to discriminate on the basis of a disability. Other federal statutes, such as the Genetic Information Nondiscrimination Act, or GINA, and the Health Insurance Portability and Accountability Act, or HIPAA, likewise prohibit employers from obtaining or using medical information for improper purposes.
On the other hand, the Affordable Care Act permits employers to offer financial incentives to encourage employees to participate in wellness programs that promote healthful lifestyles, thereby lowering health insurance costs.
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