A New Year, A New Wellness Program

Seyfarth Synopsis: New Year's resolutions typically address health and well-being. Many among us have resolved this year to get off the couch, to sweat a bit more often to the "oldies," to meditate and be mindful, and to eat less cake and fewer tacos. And so one might think that courts would endorse the EEOC's approval of employer-sponsored wellness programs, as a great way to encourage employees to follow through on their health goals. But beware! A recent federal court decision in D.C. has cited two statutes—the ADA and GINA—to roll back the EEOC regulation approving employer wellness programs. This decision, though prospective only, may significantly affect the structure of such programs, including those in California.