Leading Employment Lawyer Blasts CVS for Asking Workers to Voluntarily Give Their Health Statistics or Else Face a Fine

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” appeared on “Fox & Friends” this morning to discuss CVS’ new work policy requiring its employees to disclose their personal health information or else pay a fine. He said the policy potentially violates the law, especially because the employees are being forced to consent to this policy.

CVS Caremark Corporation, which is based in Rhode Island, recently announced that its employees must report their health statistics to the company, including their height, weight, body mass index, blood pressure and glucose levels, or else face a fine of $50 a month (or $600 per year).

“This policy is an outrage,” Mr. Sack said. “If an individual chooses not to provide the information and is fired, they could argue that their rights were violated, especially if they are a member of a union.”

Mr. Sack emphasized that employers should not ask current or prospective employees during a job interview anything about their weight or body mass because those who are grossly overweight are protected from discrimination under the Americans with Disabilities Act. “In addition, most states prohibit employers from requiring confidential medical information from their workers regarding height, weight, body mass and blood pressure and glucose levels,” he said.

The policy is not only invasive, Mr. Sack says, but targets minorities and the poor, who suffer more health problems than other groups. “If they refuse to disclose their health statistics and cannot afford the $600 fine, then they may face termination, proving that the policy being ‘voluntary’ is a fallacy, but also giving them rights to allege race or national origin discrimination,” he said.

To view Mr. Sack’s television appearance or obtain other information, visit www.theemployeeslawyer.com or call (917) 371-8000.

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