If you are a Yale University employee who was required to participate in Yale’s employee wellness program, known as the Yale Health Expectations Program (“HEP”), or pay an opt-out fee in connection with the program between September 2018 and May 14, 2020, you are eligible for a Class Action Settlement Payment. A Notice has been mailed to all eligible individuals.
On June 14, 2022, the Court in this action (the “Action” or “Lawsuit”) granted preliminary approval of a proposed class action settlement relating to the HEP as set forth in the parties’ Stipulation of Agreement and Settlement (“Settlement” or “Agreement”). If you are a Yale University employee who participated in the HEP or paid an opt-out fee during the relevant period, you are eligible to participate in the Settlement process.
The individuals who brought the Action, known as “the Plaintiffs,” allege that the HEP violated the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”) by requiring employees to pay a weekly opt-out fee if they and/or their spouses did not undertake certain health actions (i.e., doctor’s visits, diagnostic tests, and in some cases health coaching), and by transferring spousal insurance claims data to a wellness vendor without their consent. The ADA and GINA permit voluntary employer wellness programs, but Plaintiffs contended that the opt-out fee rendered the HEP non-voluntary. The HEP was developed by Yale in conjunction with two unions as part of a collective bargaining agreement. At the time the program was developed, federal regulations authorized the charging of opt-out fees. However, those regulations were subsequently invalidated, resulting in uncertainty regarding the permissible use and amount of opt-out fees.
Yale contends its conduct is now, and always was, lawful, the parties have elected to resolve the Lawsuit to avoid the uncertainty and cost of further litigation.
All Class Members who do not opt-out of the Settlement will be entitled to an automatic monetary distribution, equal to a percentage of the opt-out fees paid by the Class Member (currently estimated at approximately 49% of the opt-out fees paid, but ultimately to be determined by the Settlement’s Plan of Allocation), plus other payments depending on whether the Class Member complied with the HEP’s requirements, participated in health coaching, and if the employee’s spouse participated in health coaching. In addition to the monetary benefits provided by the Settlement, Yale has agreed not to collect the opt-out fees for HEP non-participation and to modify its data sharing practices for the duration of the Settlement.
| Summary of Your Legal Rights and Options | |
| Exclude yourself from the Settlement | Get no payment. Keep any rights to bring or join a case against Yale about the claims being resolved by this Settlement. You will lose the ability to recover any monetary payment under the Settlement. You must opt-out by September 30, 2022 for your opt-out to be effective. |
| Object to the Settlement | Object to the Settlement Write to the Court about why you do not like the Settlement to help the Court decide whether to approve the Settlement. Note that the Court cannot order that you receive more money from the Settlement even if it agrees with you. If the Court does not approve the Settlement, the parties will continue to litigate the Action. You must object by September 30, 2022 for your objection to be considered by the Court. |
| Do nothing and receive payment | If you do nothing, you will get a payment automatically, release your claims that are covered by the Settlement, and give up your right to assert the claims being resolved by this Settlement. |
These rights and options are explained in detail in the Long Form Notice.
If you wish to opt-out or object, be sure to review the Long Form Notice carefully to ensure that your opt-out or objection fulfills the requirements to be considered by the Court.
The Court has not yet decided whether to finally approve the Settlement. A final approval hearing will be held by the Court before the Settlement is approved. The approval hearing is currently scheduled for November 22, 2022 at 11:00 a.m. at the United States District Court for the District of Connecticut, 915 Lafayette Boulevard, Bridgeport, Connecticut 06604, Courtroom 4, before the Honorable Kari A. Dooley, United States District Judge. (This date and location are subject to change.) You need not attend, but you may do so if you wish. Payments will be made only if the Court finally approves the Settlement and after appeals, if any, are resolved. Please be patient.