Marketing Companies Hit with Class Action Over Employee Wellness Exams

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action alleges Quad/Graphics, Inc. and subsidiary Rise Interactive Media & Analytics, LLC illegally penalize health insurance participants who refuse to complete a blood test and cholesterol screening. 

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 15-page lawsuit claims the marketing companies have violated the Americans with Disabilities Act (ADA), which prohibits an employer from requiring a worker to submit to a medical examination unless the worker’s decision to participate is voluntary.

The case contends that participation in the defendants’ employee wellness program, administered as part of an employer-sponsored group health plan or separately as a benefit of employment, cannot be considered voluntary because those who opt out of the “invasive” biometric screening are charged higher weekly insurance premiums.

The plaintiff, a Rise Interactive employee and Quad medical plan participant, says her weekly charge for health insurance increased by $34.81 after she failed to undergo a biometric screening, which the defendants describe as “a series of tests that check your blood pressure, cholesterol (HDL and LDL), blood sugar, body mass index and for cotinine,” a byproduct of tobacco use, the case relays.

“Even if the financial consequences of a wellness program are characterized as incentives for participation, rather than penalties for nonparticipation, a wellness program is not voluntary if the size of those incentives render the participation choice nonvoluntary,” the suit argues, adding that the plaintiff’s weekly penalties amount to about $1,800 per year, “a high price to pay for privacy and protection.” 

After Rise Interactive joined the Quad Benefits Program for the 2022 calendar year, the defendants informed employees in an October 2021 email that their health insurance costs would depend on whether they submitted to biometric screening, the complaint says. Another notice told employees to have their medical provider fill out a biometric screening form every other year to remain eligible for Quad’s medical plans, the filing relays.

According to the suit, the medical information disclosed on biometric screening forms allows the defendants to assess employees’ blood pressure, blood sugar (AIC), LDL cholesterol, triglycerides/HDL, and body mass index. Although the defendants claim that employees who achieve “certain health outcomes” can be awarded incentives of up to $250, the data is also used to impose higher premiums for workers who failed to satisfy certain health plan criteria ranges, the case contends.

The lawsuit looks to cover any current and former Quad or Rise Interactive employees who were required to participate in the wellness program or otherwise face higher health insurance premiums since August 28, 2021.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.