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ARTICLE · 15 JANUARY 2021

EEOC Issues Long-Awaited Proposed Wellness Program Rules

Ogletree, Deakins, Nash, Smoak & Stewart
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The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its revamped proposed rules governing employer-sponsored wellness programs.

United StatesEmployment and HR
Jason Rothman
Jason Rothman
Kristine M. Bingman
Kristine M. Bingman
Jessica Kuester
Jessica Kuester
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The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its revamped proposed rules governing employer-sponsored wellness programs. These proposed rules have been a long time coming, with the EEOC's prior rules on the topic having been invalidated by a court and then partially revoked. In this current proposal, the EEOC has issued two separate sets of regulations: one under the Americans with Disabilities Act (ADA) and one under the Genetic Information Nondiscrimination Act of 2008 (GINA).

Americans with Disabilities Act

Background

The ADA prohibits an employer from making a "disability-related inquiry" or requiring an employee to undergo a "medical examination" unless it is job-related and consistent with business necessity, or done in connection with a "bona fide benefit plan." A disability-related inquiry is any question that is "likely to elicit information about a disability," while a medical examination is a "procedure[] or test[] that

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