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ARTICLE · 21 APRIL 2015

EEOC Issues Proposed Regulations Under the ADA Regarding Wellness Programs

Fox Rothschild LLP
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On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) published a proposed rule that would amend its regulations and provide guidance regarding the Americans with Disabilities Act (ADA) as it relates to employer wellness programs.

United StatesEmployment and HR
Eileen Oakes Muskett
Eileen Oakes Muskett
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On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) published a proposed rule that would amend its regulations and provide guidance regarding the Americans with Disabilities Act (ADA) as it relates to employer wellness programs. These proposed regulations provide much-needed guidance to employers regarding the extent to which they may use incentives to encourage employees to participate in wellness programs and also provide guidance on the limited use of disability-related inquiries and medical examinations. The following is a summary of these proposals.

Voluntary Participation

The EEOC reaffirms its position that, pursuant to the ADA, employee participation in wellness programs that include disability-related inquiries or medical examinations must be voluntary. For participation in a wellness program to be considered voluntary, an employer may not:

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