What to do if my employer has added a wellness goal to our yearly evaluations and if your goals are not met you are not eligible for a yearly bonus?

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What to do if my employer has added a wellness goal to our yearly evaluations and if your goals are not met you are not eligible for a yearly bonus?

Examples are joining a gym or participating in an after hours activity that is unpaid. I have a number of illlnesses, don’t smoke and don’t need to lose weight. Is this even legal?

Asked on January 17, 2013 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is legal:

1) First, bear in mind that the law does  not require bonuses; since they are voluntary on the part of employers, employers can set terms and conditions on what it takes to qualify for them.

2) Second, an employer cannot discriminate against somone based on a medical disability, but can require the employee to affirmatively engage in wellness-related activity. Requiring someone to join a gym, for example, would be legal, since even employees with disabilities could join a gym and engage in appropriate activities.


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