Migliaccio & Rathod LLP is investigating whether DENSO’s employee wellness program complies with the Employee Retirement Income Security Act (“ERISA”), the Americans with Disabilities Act (“ADA”), and other applicable federal laws governing employer wellness programs.
Publicly available 2025–2026 benefits materials indicate that DENSO conditions its “Preferred Premium” health insurance rates on employees completing both a biometric screening and a Member Health Assessment. According to publicly available materials, the biometric screening includes measurements such as cholesterol, blood glucose, blood pressure, weight, and body mass index (“BMI”), while the health assessment reportedly asks questions regarding topics including smoking, alcohol use, exercise, anxiety, and sleep.
Federal law generally permits employers to offer wellness incentives tied to health-related activities, but wellness programs that require medical examinations or health-risk questionnaires may be subject to specific requirements regarding voluntariness, reasonable alternative standards, disability-related inquiries, and participant notice.
This investigation seeks to determine whether DENSO’s wellness program complies with those requirements and whether employees were improperly denied premium discounts or wellness incentives.
What Employees Report
Employees report:
- Completing biometric screenings to qualify for Preferred Premium rates.
- Being required to complete a Member Health Assessment covering personal health information.
- Paying higher health insurance premiums after declining or failing to complete required wellness activities.
- Receiving limited information regarding reasonable alternative standards or physician-directed accommodations.
- Being uncertain whether every health assessment question had to be answered to qualify for incentives.
- Losing premium discounts despite attempting to participate in the wellness program.
Why Employees Should Be Concerned
Federal wellness program regulations generally distinguish between participatory wellness programs and programs that condition financial incentives upon completing medical examinations or health-related activities.
When employees must undergo biometric testing and complete detailed health questionnaires to receive lower insurance premiums, employers generally must administer those programs in a manner consistent with applicable federal requirements, including providing reasonable alternative standards where required and ensuring participants receive appropriate notices regarding available accommodations.
Employees who lose premium discounts because they were unable to complete one or more wellness requirements—or who were not adequately informed of available alternatives—may have paid more for health insurance than federal law permits.
This investigation seeks to determine whether DENSO properly administered its Preferred Premium program and whether employees were improperly denied premium discounts or wellness incentives.
Potential Claims May Include
- ERISA Violations
- ADA Wellness Program Violations
- Failure to Provide a Reasonable Alternative Standard
- Improper Administration of Employee Benefits
- Breach of Fiduciary Duty
- Recovery of Improperly Withheld Premium Discounts
- Declaratory and Injunctive Relief
Signs You May Be Affected
You may be affected if:
- You participated in DENSO’s employee health plan.
- You completed or were asked to complete a biometric screening and Member Health Assessment.
- You paid higher health insurance premiums because you did not complete all required wellness activities.
- You were not clearly informed about reasonable alternative standards or physician accommodations.
- You lost Preferred Premium eligibility despite attempting to participate in the wellness program.
- You still possess payroll records, enrollment materials, wellness communications, or benefits documents.
If you believe you encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.