It used to be that an employee’s physical and mental health was a very personal matter. However, in response to research showing decreased productivity, work quality, and poor attendance among unhealthy employees and the ever-rising cost of health care, the current trend is employers’ focus on employee wellness.

An increasing number of companies are offering wellness programs in areas including: physical fitness; nutrition; preventative care, such as immunizations; smoking cessation; and Employee Assistance Program (EAP). Some employers even offer financial incentives or bonuses for healthy habits.

But for one company, the quest for healthy employees ended with a judgment in federal court.

Earlier this week the EEOC ordered a Maryland health magazine to furnish monetary and other relief as settlement to a disability discrimination lawsuit.

According to the suit filed against Professional Media Corporation, trading as Your Health magazine, the company had a policy requiring employees to sign a “health warranty” guaranteeing their health and certifying that they did not use any medications. The EEOC’s suit further charged that the company harassed and later unlawfully fired an employee who had Attention Deficit Hyperactivity Disorder (ADHD) and Auditory Processing Disorder (ADP).

Conduct such as that alleged in this suit is a violation of the ADA (Americans with Disabilities Act) which makes it unlawful to discriminate against a qualified individual with a disability and furthermore does not allow employers to ask job applicants or employees about the existence, nature or severity of a disability.

The EEOC filed suit after pre-litigation settlement attempts were unsuccessful and Professional Media Corporation has been ordered to pay $58,000 to the fired employee, must discontinue its “health warranty” policy, and a three-year injunction with continuing jurisdiction provisions has been established to enable the EEOC to continue monitoring the company’s compliance with the ADA.

According to Spencer H. Lewis, Jr. director of the EEOC’s Philadelphia District Office, “this case shows that employers continue to make employment decisions based on uniformed prejudices and irrational fears.”

Debra M. Lawrence, an EEOC regional attorney, adds, “Employees with disabilities must be treated with the same dignity and respect as all other members of the work force. The EEOC will continue to enforce the ADA to protect the rights of disabled employees and applicants.”

While wellness programs and incentives can be beneficial to both employers and employees, companies should ensure that any programs or policies are compliant with regulations such as discrimination law.