Yale Graduate Takes on Alma Mater in Wellness Program Lawsuit | Connecticut Law Tribune

7/18/2019 Yale Graduate Takes On Alma Mater In Wellness Program Lawsuit | Connecticut Law Tribune

PUBLICATIONS PRACTICE TOOLS EVENTS (/EVENTS/) LEGAL NEWSWIRE (/LEGALNEWSWIRE/) LEGAL DICTIONARY (HTTPS://DICTIONARY.LAW.COM/)

VERDICT SEARCH (HTTPS://VERDICTSEARCH.COM/FEATURED-VERDICTS/)

SEARCH (/ctlawtribune/search/) (/) (/ctlawtribune/) MY AC

TOPICS (/TOPICS/) SURVEYS & RANKINGS (/RANKINGS/) CASES & VERDICTS PEOPLE & COMMUNITY (/CTLAWTRIBUNE/PEOPLE-AND-COMMUNITY/)

Yale Graduate Takes On Alma Mater In Wellness Program Lawsuit Yale University's wellness program is facing a class action claiming its $1,300 annual ne for those who refuse to disclose their private medical and genetic information isn't legal. The lawsuit is being spearheaded by a Yale gradu

By Robert Storace (/author/prole/Robert-Storace/) | July 17, 2019 at 10:00 PM

Trending Stories  Conservative Lawyers' Grou 1 Condemns Trump's 'Ignoran  Racist Nature' (https://www.law.com/ctlaw lawyers-group-condemns-  trumps-ignorant-racist- nature/)  NATIONAL LAW JOURNAL (/NATIONALLAWJOURNAL/)

Former Texas Judge  2 (http://www.almreprints.com) Denounces Trump for Racis Leaves Republican Party (https://www.law.com/texas texas-judge-denounces-trum for-racism-leaves-republican party/)

TEXAS LAWYER (/TEXASLAWYER/)

Draining the Reservoir: The 3 Joshua Goodbaum, an attorney with the New Haven-based Garrison, Levin-Epstein, Fitzgerald Steady Erosion of Credibilit & Pirrotti. Courtesy photo at the DOJ (https://www.law.com/natio the-reservoir-the-steady- A New Haven attorney and Yale University (https://www.yale.edu/) graduate has erosion-of-credibility-at-the teamed up with the AARP Foundation (https://www.aarp.org/aarp-foundation/) doj/)

in ling a federal prospective class action against his alma mater alleging the school’s NATIONAL LAW JOURNAL wellness program is discriminatory, (/NATIONALLAWJOURNAL/) Landlords File Federal Laws 4 The lawsuit Challenging New York's Ren (https://drive.google.com/le/d/1cFwRR3SpGrpoMGPe_z3ih510damq31T2/view? Control Laws (https://www.law.com/newy usp=sharing), spearheaded by Joshua Goodbaum le-federal-lawsuit- (https://garrisonlaw.com/about-the-rm/joshua-r-goodbaum/) and several challenging-new-yorks-rent control-laws/) attorneys with the litigation team at the AARP Foundation, contends Yale’s wellness NEW YORK LAW JOURNAL program, Health Expectations, requires about 5,400 current union employees and (/NEWYORKLAWJOURNAL/)

5 https://www.law.com/ctlawtribune/2019/07/17/yale-graduate-takes-on-alma-mater-in-wellness-program-lawsuit/ 1/5 7/18/2019 Yale Graduate Takes On Alma Mater In Wellness Program Lawsuit | Connecticut Law Tribune Kirkland's Push Into their spouses to submit to medical tests and allow release of their insurance claims Contingency Fee Litigation data to multiple wellness vendors. Employees who refuse to disclose private medical Not Threatening, Firm Lead Say and genetic information must pay a ne of $1,300 a year. (https://www.law.com/amer push-into-contingency-fee- Numerous union employees are quoted in the lawsuit, saying the ne is unfair, and litigation-not-threatening- plaintis claim the policy violates the American with Disabilities Act and the Genetic leaders-say/) Information Nondiscrimination Act (GINA). THE AMERICAN LAWYER (/AMERICANLAWYER/) Goodbaum, an attorney with the New Haven-based Garrison, Levin-Epstein (https://garrisonlaw.com/), Fitzgerald & Pirrotti, said employees are entitled to compensation.

(https://www.lawcatalog.com/ProductDetail/2002) Connecticut Appellate Practice & Procedure

(https://www.lawcatalog.com/ProductDetail/2002) BOOK 3rd edition integrates & updates all signicant changes in statutes, case law, rules & procedure since the Connecticut appellate courts reviewed all appellate rules & adopted major revisions in 1996.

Get More Information (https://www.lawcatalog.com/ProductDetail/2002)

“We believe this program is illegal, but no court has yet said that,” Goodbaum told the Connecticut Law Tribune Wednesday. “The main remedy we are seeking is an end to the program; to have a program that is voluntary; and compensatory and non-compensatory damages.”

As of Wednesday afternoon, Yale had not assigned an attorney to the case. Karen Peart, Yale’s director of external communications, did not respond to a request for comment Wednesday.

A Harvard Law School graduate who clerked for then-Tenth Circuit U.S. Court of Appeals Justice Neil Gorsuch in 2009-10, Goodbaum joined Garrison, Levin-Epstein, Fitzgerald & Pirrotti in 2011. He has interned at Gay & Lesbian Advocates & Defenders in Boston and worked for the San Francisco District Attorney’s Oce and the U.S. Department of Justice. He received his undergraduate degree in history from Yale, magna cum laude, Phi Beta Kappa.

Goodbaum, 36. said he holds Yale in high esteem, adding, “I am tremendously grateful for my time at Yale and the opportunity a Yale education has given me.”

Goodbaum added that it is important to hold institutions like Yale accountable.

“I think caring about an institution means holding it to account,” Goodbaum said. “There has to be someone who is standing up when there is injustice or unfairness and when workers rights are being violated. It’s a tremendous privilege to represent employees and to stand up for them.”

In a statement, William Rivera, senior vice president of the Litigation at AARP Foundation, said disclosing personal medical information to workplace wellness programs must be voluntary, according to U.S. law. “Workers should have the freedom to choose whether to divulge personal health information in the workplace, as Congress intended,” he said. https://www.law.com/ctlawtribune/2019/07/17/yale-graduate-takes-on-alma-mater-in-wellness-program-lawsuit/ 2/5 7/18/2019 Yale Graduate Takes On Alma Mater In Wellness Program Lawsuit | Connecticut Law Tribune

The lawsuit, which seeks class certication, covers all current employees and former employees who have been union members since Jan. 1, 2017.

 SHARE  SHARE

Robert Storace

Robert Storace covers legal trends, lawsuits and analysis for the Connecticut Law Tribune. Follow him on Twitter @RobertSCTLaw or reach him at 203-437- ( /author/profile/Robert-Storace/) 5950.

More from this author  (/author/profile/Robert-Storace/)

Dig Deeper

Class Actions (/topics/class-actions/) Contracts (/topics/contracts/) Damages (/topics/damages/)

Litigation (/topics/litigation/)

Law Firms Mentioned

LEAN ADVISER LEGAL (/LEAN- ADVISER/STATIC/LEAN-ADVISER/? CMP=LARMLDC) Think Lean Daily Message " The new reality, for which law rms are scrambling to equip themselves, is of course that that law rms no longer dene the legal service... "

Learn More (/lean- adviser/static/lean-adviser/? cmp=LARMLDC)

https://www.law.com/ctlawtribune/2019/07/17/yale-graduate-takes-on-alma-mater-in-wellness-program-lawsuit/ 3/5 7/18/2019 Yale Graduate Takes On Alma Mater In Wellness Program Lawsuit | Connecticut Law Tribune

More from ALM

CLE Center Legal Compass Events Webcasts Lawjobs Professional Announcements

Premium Subscription Team Accounts Bundle Subscriptions

With this subscription you will receive unlimited Our Team Account subscription service is for legal Gain access to some of the most knowledgeab access to high quality, online, on-demand teams of four or more attorneys. Each attorney is and experienced attorneys with our 2 bundle premium content from well-respected faculty in granted unlimited access to high quality, on- options! Our Compliance bundles are curated https://www.law.com/ctlawtribune/2019/07/17/yale-graduate-takes-on-alma-mater-in-wellness-program-lawsuit/ 4/5 7/18/2019 Yale Graduate Takes On Alma Mater In Wellness Program Lawsuit | Connecticut Law Tribune

the legal industry. This is perfect for attorneys demand premium content from well-respected CLE Counselors and include current legal topic licensed in multiple jurisdictions or for attorneys faculty in the legal industry along with and challenges within the industry. Our second that have fullled their CLE requirement but need administrative access to easily manage CLE for the option allows you to build your bundle and to access resourceful information for their entire team. strategically select the content that pertains to practice areas. your needs. Both options are priced the same. View Now View Now (http://clecenter.com/CleForFirm/Default.aspx) View Now (http://clecenter.com/Default.aspx) (http://clecenter.com/Program/Premium.aspx)

CLE Center → (http://clecenter.com)

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story. Subscribe Now As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account (https://store.law.com/Registration/myAccount.aspx? (https://store.law.com/Registration promoCode=CT#/EmailPref) page to make your selections. Get the timely legal news and critical analysis promoCode=CT#/EmailPref) you cannot aord to miss. Tailored just for you. In your inbox. Every day. Privacy Policy (https://www.alm.com/pr policy-new/)

(/)

FOLLOW US (https://www.facebook.com/LawdotcomALM/) (https://twitter.com/lawdotcom) (https://www.linkedin.com/company/law-com/)

(http://feeds.feedblitz.com/law/legal-news/)

Publications Law Topics Rankings More Law.com

The American Lawyer Litigation (/topics/litigation/) Am Law 100 Events (/events/) About Us (/static/abou (/americanlawyer/) Deals and Transactions (/topics/deals- (/americanlawyer/rankings/the-2019- Legal Compass Contact Us (/static/cont am-law-100/) Corporate Counsel (/corpcounsel/) and-transactions/) (https://www.alm.com/intelligence/solutions- Site Map (/sitemap Am Law 200 we-provide/business-of-law- National Law Journal Law Firm Management (/topics/law- Advertise With Us (/static/ (/americanlawyer/rankings/the-2018- solutions/legal-compass/) (/nationallawjournal/) rm-management/) with-us/) am-law-200--the-american-lawyer/) Editorial Calendar (/editorial-calendar/) New York Law Journal Legal Practice Management Customer Suppor Global 100 (/newyorklawjournal/) (/topics/legal-practice-management/) Briengs (/static/briengs/) (https://www.alm.com/co (/americanlawyer/rankings/global- New Jersey Law Journal Cybersecurity (/topics/cybersecurity/) Legal Dictionary 100/) Terms of Service (/njlawjournal/) Intellectual Property (https://dictionary.law.com/) (https://www.alm.com/term National Law Journal 500 The Recorder (/therecorder/) (/topics/intellectual-property/) Lawjobs.com (http://lawjobs.com/) (/nationallawjournal/rankings/the-nlj- FAQ 500/) Law Firms (/law-rms/) (/sites/almsta/2017/10/20/ More Publications › (/publications/) More Law Topics › (/topics/) asked-questions/ Pro Bono Scorecard Law Schools (/topics/legal-education/) (/americanlawyer/rankings/pro-bono/) Privacy Policy (https://www.alm.com/priv The A-List new/) (/americanlawyer/rankings/a-list/)

More Rankings › (/rankings/)

https://www.law.com/ctlawtribune/2019/07/17/yale-graduate-takes-on-alma-mater-in-wellness-program-lawsuit/ 5/5