EEOC Issues Final ADA Regulations On Wellness Plans

The EEOC's issuance on May 16, 2016, of final regulations under the Americans with Disabilities Act (ADA) on employee wellness programs represents the close of another chapter in the history of confusion regarding rules applicable to wellness programs. Prior to the EEOC's issuance of proposed regulations on the ADA's application to wellness programs less than a year ago, confusion resulted from the EEOC's position in lawsuits alleging that certain wellness plan practices violated the ADA, and the juxtaposition of the EEOC's positions in the litigation against the relatively clear guidance on wellness programs under the HIPAA regulations. While these final ADA regulations resolve some of the unanswered questions raised by the proposed ADA regulations, they do little to resolve the complexities wellness programs face in complying with multiple, only partially-coordinated, regulatory schemes.