Condon McGlothlen Quoted in Chicago Daily Law Bulletin
“Companies are Testing a New Kind of ‘Health Law'”

Condon McGlothlen was quoted in the article, “Companies are Testing a New Kind of ‘Health Law,” published in the September 14, 2007 issue of Chicago Daily Law Bulletin. The article examines employers’ emphasis on wellness programs, with a special focus on mandatory wellness programs for employees.

Condon notes that, “We've always told people voluntary wellness programs are fine. But companies are now wanting to go beyond that, and insurers are encouraging companies to go beyond that to reduce employee and retiree health care costs.”

Condon remarks that "employers can certainly encourage employee wellness" and offer medical exams and other company initiatives, but it is doubtful in most industries that it would be legal to require employees to undergo medical tests, including blood tests, "as a condition of employment."

Regarding smokers, he notes the law in Illinois and in many other states permits employers "to charge smokers higher insurance premiums or to provide different levels of health insurance benefits for smokers." Condon points out, however, that In Illinois banning nicotine from employees' lives as a condition of employment is illegal. He notes that, "Many states have laws like this, not all." Even so, employers in some states have begun to require that employees not smoke, including outside of work. Condon observes that there may be more such ideas on the horizon, including some concerning alcohol consumption: "I've had it asked would it be legal" to require employees to completely abstain from alcohol.