Seyfarth Synopsis: Effective
January 1, 2019, the EEOC withdrew its prior guidance on the level
of incentives employers may offer their employees to convince those
workers to participate in employer-sponsored wellness programs,
including weight loss, stress management, and other similar
employee health programs. Despite withdrawing its regulations, the
EEOC did not issue any new rules—leaving employers
without clear guidance on how they may structure wellness programs
to comply with federal requirements moving forward.
Pursuant to a court order, the EEOC recently withdrew its prior
guidance on the level of incentives that employers can offer
employees to convince them to take part in employer-sponsored
wellness programs. Unfortunately, the EEOC did not substitute any
new regulations when withdrawing the old ones. As a result,
employers find themselves in limbo, without clear guidance on how
to structure wellness programs that actually drive changes in
employee health
