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ARTICLE · 14 JANUARY 2021

A Second Proposal: EEOC Issues New Guidance On Nondiscrimination For Wellness Programs

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The Equal Employment Opportunity Commission (EEOC) announced it will issue much-anticipated guidance that revises its nondiscrimination rules for wellness programs under the Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA).

United StatesEmployment and HR
Brian M. Pinheiro
Brian M. Pinheiro
Edward I. Leeds
Edward I. Leeds
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Summary

The Equal Employment Opportunity Commission (EEOC) announced it will issue much-anticipated guidance that revises its nondiscrimination rules for wellness programs under the Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA).

The Upshot

  • The two sets of proposed regulations replace rules the EEOC withdrew in 2018 after a federal district court invalidated key provisions on incentive limits on the grounds that the EEOC had not appropriately justified the limits it set.
  • The proposed ADA regulations govern programs of health promotion and disease prevention that include making inquiries into an individual's health or providing for medical examinations. The GINA regulations apply where a wellness program collects genetic information, including information about a spouse's medical condition.

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