Marketing Firm Must Face Lawsuit Over Wellness Program ‘Fines’

A Chicago-based marketing strategy firm needs to defend itself against claims that it effectively fines workers weekly when they refuse to participate in company-run medical examinations.

Plaintiffs Leanne Diment and Earl Famanas sued their employer, Rise Interactive, in February 2023 for violating American Disability Act statutes prohibiting mandatory medical inquiries and exams.

The firm’s motion to dismiss the case was denied Tuesday by the US District for the Northern District of Illinois because Diment and Famanas sufficiently proved that their employer’s wellness program, which includes basic medical testing, was “not voluntary.”

The defendants claim they’re “incentivizing employees to complete the ...