Don't Let An Employee Wellness Program Make You Sick

Last month the EEOC issued its Final Rule on Employer Wellness Programs and Title I of the Americans with Disabilities Act (ADA). Title I of the ADA prohibits employers from obtaining medical information from employees unless those inquiries are part of a voluntary employee health program. Under the ADA an employee wellness program must also offer reasonable accommodations to individuals with disabilities so they have equal access to program fringe benefits.

The EEOC's Final Rule is intended to clarify and provide consistency with HIPAA and the Affordable Care Act ("ACA") while also ensuring that employer wellness programs remain voluntary.  Employer wellness programs subject to the Final Rule include both participatory and health-contingent wellness plans which ask employees to answer disability-related inquiries by completing, for example, a health risk assessment (HRA) or undergo biometric screenings.  Examples of such wellness programs may include tobacco