City Police Department instituted a health risk assessment program because it was concerned that all of its employees be physically fit and because its health insurance company indicated that health insurance premiums would be lower if the health risk assessment program was instituted. The health risk assessment program required employees to fill out a health-related questionnaire, take blood pressure measurements, and record their weight. Based on the information gathered, the health insurance company provided confidential health improvement recommendations to each participating employee. The City Police Department was not provided any information collected by the health insurance company except the names of employees who participated in the health risk assessment program. Employees were not required to participate in the health risk assessment program and there were no consequences for not participating in the health risk assessment program except that only those employees who did participate where eligible to participate in the City Police Department health insurance program.

Horace did not participate in the health risk assessment program because he had high blood pressure that he had not disclosed to City Police Department, and he was afraid that, if he participated in the health risk assessment, City Police Department would somehow find out about his high blood pressure and take him off active duty as a patrol officer. Because Horace did not participate in the health risk assessment, he could not participate in the City Police Department health insurance program. Does this policy constitute discrimination in employment based on disability? Why, or why not?