Chronic diseases related to lifestyle account for 70% of US medical costs. Unhealthy employees cost employers $1.8 million per year on average. Creating a culture of wellness in the workplace can increase productivity and employee satisfaction while decreasing absenteeism and medical costs. It is important for employers to consider legal issues like GINA, which prohibits discrimination based on genetic information obtained through wellness programs or other means. Communicating the benefits of wellness, leadership support, and supportive policies can help employers successfully create a culture of wellness.

1. CREATING A CULTURE OF WELLNESS IN
THE WORKPLACE—TAKE THE LEAP
Lisa Krouse, Esq., SPHR
SVP, HR & Support Services
FCCI Insurance Group
Christine Sensenig, Esq.
Sensenig Law Firm, P.A.

2. Let’s Meet Each Other
2

3. Gallop Poll
Unhealthy employees cost
employers $1.8 million per year
3

4. Lifestyle and Chronic Disease
• Chronic disease related to lifestyle
accounts for 70% of the country’s
medical costs
• Approximately 108 million people in the
U.S. have at least one chronic disease:
 Heart disease
 Diabetes
 Asthma
 Hypertension
 Osteoarthritis
4

5. Some Facts You May Not Know
• 50% to 70% of all diseases and
medical problems are associated with
or caused by modifiable health risks*
 Obesity  Uncontrolled stress
 Smoking  Inadequate exercise
 Poor Nutrition  Etc.
* Health Enhancement Research Organization
5

6. The Costs
An average sick day in the US
costs an organization about $348.00
in lost productivity 6

7. Additional Costs
“Employers with comprehensive Total
Heath Management Programs achieve
2% percent lower annual health
premium than those with limited or no
programs”*
*Mercer’s 2009 Health Care Survey
7

8. Culture of Wellness
 What is it and why is it important?
 Productivity – an engaged workforce
 Bottom line
8

9. What is a Culture of Wellness?
• Environment where every employee can
perform at their best level
• Environment that is supportive
• Leadership that provides for each
employee’s diverse interests and needs
• Workplace that encourages positive, healthy,
lifestyle choices
9

10. “Workplace wellness is not about
changing people…
…it is about having a culture that
promotes productivity through
a healthy work environment.”
10

11. Take the Leap!
Leadership and Listening
Environment and Education
Attitude and Acknowledgement
Policies, Procedures, Programs
and Partnerships
11

12. Leadership – Values & Culture
12

13. “There’s no question that workplace wellness
is worth it…The only question is whether you
do it today or tomorrow and if you keep
saying you’re going to do it tomorrow, you’ll
never do it. You have to get on it today.”
- Warren Buffett
Chairman, Berkshire Hathaway
13

14. Strategy
• Convince business CEOs on the value
of workplace wellness
• Align wellness programs and health
promotion goals with the organization’s
vision, mission and values
14

15. Wellness Works
• Increased employee satisfaction
• Increased productivity
• Improved presenteeism – focus on the job
• Decreased absenteeism
• Demonstrates commitment to employees
• Company is a role model
• Demonstrates integrity – “Walk the walk”
• Recruiting tool
15

16. Benefits of Wellness Programs*
• Increased morale 71%
• Reduced absenteeism 52%
• Reduced on-the-job injuries 48%
• Reduced workers’ comp costs 44%
• Reduced disability management costs 27%
• Increased production 28%
*Human Resource Executives Magazine
16

17. Listening
• To yourself
• To employees through surveys
• Employees rank benefits among top
contributors to job satisfaction*
Data collection is essential!
Demographics, interest surveys, health risk
assessments, sick days, engagement surveys,
claims data and other key indicators
17
* SHRM 2010 Employee Job Satisfaction Research Report

18. Results at FCCI
18

19. Environment & Education
• Important to support your diverse
workforce
• Begin educational programs that set
the stage for participation
• Look around – what does your
environment say about the culture of
wellness at your workplace
• Newsletters, eBlasts
19

20. Attitude & Acknowledgement
• Open
• Honest
• Celebrate Success
 Individually
 As an organization
20

21. Attitude & Acknowledgement
• Share success stories
• Acknowledge successes
• Use incentives to reward health
achievements
21

22. Communication and Recognition
• Can employees provide and receive
feedback about wellness?
• Are healthy behaviors acknowledged?
• Do you share success stories?
• Is wellness integrated with job
performance?
• Are financial incentives used to reward
health achievements? 22

23. Polices, Procedures, Programs &
Partnerships
23

24. Building a Well Workplace
• Secure and solidify management support
• Review policies and procedures
 Sick days  Medical coverage for preventive care
 PTO banks  Reimbursement for fitness center
 Vending machines membership or tobacco cessation
 Facility usage  Smoke-free workplace policy
 Safety  Flex-time policies
 Ergonomics  Incentives for wellness
• Craft an operating plan
 Based on data, create SMART objectives, timeline, budget
24

25. Supportive Policies
• Easily accessible for review
• Positively worded
• Clearly understood
25

26. Building a Well Workplace —
Specifics
Get ready to pick and choose
how you will take the LEAP
26

27. Getting Started
• Educate employees about costs of
health care claims
• Arrange lunch and learns
• Host Weight Watchers
• Sponsor/Support Sports Teams
• Offer healthier alternatives at meetings,
events
27

28. Getting Started
• Issue pedometers for walking initiatives
• Blood drives
• Fitness classes in conference rooms
• Flu shots
• Ergonomic evaluations
• Education on Rx costs
 Circulate lists of local retailers $4/$10
plans (i.e. Target, WalMart) 28

29. Getting Started
• On-site fitness center, café, health
clinic
• Smoking cessation program
• Educate and inform on various health
issues
29

30. To Encourage Physical Activity
 Promote stairwell use
 Sponsor fun run/exercise events
 Map onsite walking routes
 Provide bike racks
30

31. To Encourage Healthy Eating
 Provide healthy vending/onsite food service
options
 Provide cooking demos/seminars
 Provide fast food guides
 Create healthy recipe swaps
 Promote community markets/events
31

32. To Encourage Tobacco Avoidance
 Smoke free workplace policy
 Provide educational information
 Promote community resources for quitting
 Reimbursement for tobacco cessation aids
or programs
 Change the location of smoking areas
32

33. To Encourage Awareness of Health
Plan Options
• Generic prescription campaign
 Communicate generic active
ingredients/effectiveness v. brand names
• Increase prevention education
 Behavioral changes carry minimal costs
 Medical prevention strategies may
generate more medical costs
33

34. Communication is KEY to Success
• Builds & reinforces messages
• Remind them
• Call to action
• What’s in it for me/us?
34

35. LEGAL ISSUES TO CONSIDER
Christine Sensenig, Esq.

36. GINA & Wellness: What you don’t know can’t
hurt you & what you do know can hurt you too!
• GINA stands for the Genetic Information Non-
Discrimination Act
• GINA became effective in November of 2009 -
litigation on the issue is just starting
• GINA protects people from being treated
unfairly because of differences in their DNA
that may affect their health
• GINA applies to employers covered by Title VII
36

37. GINA
• Technology and data gathering advance beyond our
wildest imagination – (George Orwell may have
been right) Not only is Big Brother watching, Big
Brother has access to our life story!
• Many Americans concerned that genetic information
may be used by employers to discriminate in the
workplace
• People worried that employers may choose not to
hire someone currently healthy BUT genetically pre-
disposed to future disease onset
37

38. I’m a member of SHRM. I have my
SPHR. It’s a rookie mistake to
make employment decisions based
on anything other than an
employee’s qualifications and ability
to do the job...
38

39. What’s the difference between
ADA & GINA?
• ADA prohibits discrimination on the
basis of manifested conditions that
meet the definition of disability
• GINA prohibits discrimination based on
genetic information and NOT on the
basis of a manifested condition
39

40. What is Genetic
Information such
that I know how
to avoid it for my
Company’s
Wellness
Program?
40

41. EEOC’s Definition of Genetic
Information – Part I
• An individual’s genetic
testing/test results
• Genetic tests of family members
• The manifestation of a disease
or disorder in family members
41

42. EEOC’s Definition of Genetic
Information – Part II
• Requests for or receipt of genetic
services by an individual or family
member (genetic testing, counseling,
education)
• Genetic information of a fetus carried by
an individual or family member - or of an
embryo legally held by the individual or
family member using an assisted
reproductive technology
42

43. Genetic Information Does Not
Include
• Information about an individual’s or family
member’s age or gender
• Fact that an individual currently has a
disease or disorder (manifested condition)
- individual would be protected by the
ADA if the disease rises to the level of a
disability
43

44. Title II of GINA applies to Employers
• Prohibits employers from using genetic
information to make employment
decisions
• Restricts employers from intentionally
acquiring genetic information about
applicants and employees
• Requires employers to keep confidential
genetic information that they have or
receive about employees and applicants
44

45. This is your employee...
45

46. Southwest Airlines Customer of
Size Policy
• What is the definitive gauge for a
Customer of Size?
• “The armrest is the definitive gauge for a
Customer of Size. It serves as the
boundary between seats and measures
17 inches in width. Customers who are
unable to lower both armrests and/or who
compromise any portion of adjacent
seating should proactively book the
number of seats needed prior to travel.”

47. What about Facebook?
• Searching current or prospective
employee’s Facebook pages can lead
you to learn information that could
affect hiring decisions
• People share much of their personal
lives on social media - sometimes you
learn genetic information in subtle ways
47

48. 48

49. Do you recognize this logo?
49

50. What about this one?
50

51. This started the wristband craze
51

52. Sometimes the message about
genetic issues an employee shares
on-line via social media is not subtle
at all...
52

53. From Facebook
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54. What about potential
discrimination issues under GINA?
• While obesity and other issues are still
emerging as potential endocrine
diseases, are there other types of
appearance issues that could result in
an analysis of potential GINA
violations?
54

55. Recognize her?
Ms. Lorenzana was “too pretty” to
work for Citibank 55

56. Now that we have a better idea as
to GINA’s impact on employers,
let’s focus on GINA’s impact on
Wellness Programs
56

57. An employee suffers a workplace
accident and has an active workers’
compensation claim
• In a response to the workers’ comp carrier’s
subpoena, the employee’s medical providers send
records, including test results that were not done as
a result of the workplace accident
• That testing reveals a heart condition unknown to
the employer
• The employee is the Team Leader for the
Company’s new “Team in Training” triathlon group
• Does the information you learned through the
workers’ comp carrier change anything?
• What do you do with the test results? 57

58. Your company sponsors a softball
team to encourage camaraderie and
physical fitness
• To participate, all employees must undergo
a physical
• In filling out the physical questionnaires,
several employees, despite not being asked,
note hereditary conditions and family issues,
including migraine headaches, hypertension,
heart problems, glaucoma and various
cancers
• What, if anything, do you as the HR
professional do with this information? 58

59. New employee tours worksite with you
• A group of employees is walking laps around the
premises and you explain such walks are encouraged as
a wellness opportunity, and that employees earn points
for walking to purchase restaurant gift certificates from
HR
• The employees responds that he’d like to participate in
more exercise as stress relief is something he could
really use due to his mother having colon cancer
• The employee then asks you whether he could visit his
mother during her chemotherapy sessions at the hospital
across the street instead of taking a walking break?
59

60. GINA carries penalties for companies
that tie wellness to completion of
Health Risk Assessments
• Do not provide incentives to employees completing
HRA’s requesting or collecting genetic information
• Be wary of the open-ended question on HRA’s that
allows employees to provide prohibited genetic
information: “Is there anything else relevant to your
health that you would like to share?”
• If your best efforts still result in “TMI,” segregate the
information for confidentiality purposes and do not
allow the information to result in a penalty or lost
incentive to the employee
60

61. Violations of GINA can result in:
• Equitable relief, including injunctive
relief AND back pay
• Punitive and compensatory damages,
to the extent allowable under Title VII
• Punitive damages unavailable against
federal, state and local government
employers
61

62. TAKE THE LEAP

63. We can make a difference!
63

64. THANK YOU!
This presentation may be downloaded
from www.hrflorida.org after the
conference.