Employee wellness programs are becoming increasingly popular in
the workplace as a way to boost employee morale and increase
productivity. If not carefully crafted, however, employee wellness
programs can run afoul of Title I of the Americans with
Disabilities Act (ADA) and the Genetic Information
Nondiscrimination Act (GINA). In a Final Rule published on May 17, 2016,
effective on July 16, 2016, the Equal Employment Opportunity
Commission (EEOC) amended its regulations implementing the ADA and
GINA to provide further clarification as to what is and what is not
an acceptable employee wellness program.
ADA Amendments Limit Purpose and Scope of Wellness
Programs
The amendments to the ADA focus on limiting the purpose and
scope of permissible wellness programs. Generally, 29 C.F.R. §
1630 outlines the circumstances under which voluntary medical
examinations and inquiries are permitted. An employee wellness or
health program must be "reasonably designed to promote
