The Equal Employment Opportunity Commission (EEOC) recently issued final rules that clarify the application of Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) to employer sponsored wellness programs. These rules were put in place to define what constitutes a “voluntary” health program, and determine the extent to which employers may offer incentives to employees and spouses participating in these programs. These rules do not countermand the Department of Labor (DOL) and/or Health and Human Services (HHS) regulations regarding Health-Contingent Wellness Incentives (i.e. “reasonable alternative standards” and required annual screening opportunities).
General Considerations: Title I of the ADA prohibits employers from discriminating against individuals on the basis of disability, and restricts employers from routinely obtaining medical information from applicants and employees. However, Title I does allow employers […]