EEOC Issues Proposed Rule Addressing ADA Compliance And Wellness Programs

The Equal Employment Opportunity Commission has issued a proposal to provide guidance on how to structure an employee wellness program without running afoul of the Americans with Disabilities Act. The proposed rule would amend ADA regulations and interpretive guidance as they apply to programs that use incentives to encourage employee participation in programs that may include disability-related questions and/or medical examinations.

Employers have increasingly turned to wellness programs as a way to both control health care costs and improve the health of their workers. Many companies offer "participation only" wellness programs, whereby employees attend periodic wellness seminars or complete health risk assessment questionnaires to obtain a reward from the employer, usually a discount on the cost of health insurance. Employers also offer "outcome-based" wellness programs, which condition the reward on the employee meeting a certain health-related benchmark, such as