Equal Employment Opportunity Commission

EEOC Update – Wellness

As you may recall, the U.S. Equal Employment Opportunity Commission (EEOC) had not clarified its position on employer-sponsored wellness programs. In fact, several lawsuits were filed by the EEOC against employer-sponsored wellness programs (e.g., the Honeywell suit). The pushback was based on the Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). On October 29, 2015 the EEOC issued proposed rules which would amend Title II of GINA as they relate to wellness programs that are part of health plans. Comments on the proposed rules were accepted through the end of 2015. In short, the proposed amendments to GINA are favorable and show that the EEOC does not want to be an impediment to wellness programs. The following changes, in part, are proposed to GINA: A key proposed change in GINA involves incentivized wellness programs. The changes would Read More

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