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ARTICLE · 27 APRIL 2015

EEOC Issues Proposed Regulations On Wellness Programs And The ADA

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On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) issued highly anticipated proposed regulations addressing the application of the Americans With Disabilities Act (ADA) to workplace wellness programs.

United StatesEmployment and HR

On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) issued highly anticipated proposed regulations addressing the application of the Americans With Disabilities Act (ADA) to workplace wellness programs. In recent years, the EEOC has been sharply criticized for challenging employers' wellness programs under the ADA despite not having issued regulations addressing those programs. Its willingness to bring litigation against employers combined with its inaction on the regulatory front have been widely viewed as having a chilling effect on employers' adoption of wellness programs.

Executive Summary

Under the proposed regulations, a wellness program offered as part of an employer's group health plan can comply with the ADA if the following conditions are satisfied:

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