The Equal Employment Opportunity Commission (EEOC) has released
long-awaited proposed guidance (the proposed rule) relating to employer wellness
programs. The proposed rule amends regulations implementing Title I
of the Americans with Disabilities Act (ADA) to provide guidance
regarding the extent to which employers may use incentives to
encourage employees to participate in wellness programs that
include disability-related inquiries and/or medical
examinations.
Background
There are four federal agencies charged with the regulation of
employer wellness program compliance. They are the Internal
Revenue Service (IRS), the U.S. Department of Labor (DOL), the U.S.
Department of Health and Human Services (HHS), and the EEOC.
The IRS, DOL and HHS are the regulatory agencies jointly
responsible for the Health Insurance Portability and Accountability
Act's nondiscrimination rules (HIPAA), as amended by the
Affordable Care Act (ACA). In June 2013, these regulatory
