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ARTICLE · 27 APRIL 2015

EEOC Issues Proposed Wellness Program Amendments To ADA Regulations

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The ADA prohibits employers from making disability-related inquiries to employees or requiring employees to undergo medical examinations.

United StatesEmployment and HR
FordHarrison LLP
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On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued long-awaited proposed regulations addressing what constitutes permissive employer wellness programs. While the EEOC recognizes that many employers that provide health insurance also offer workplace wellness programs intended to encourage healthier lifestyles or prevent disease, it had filed three lawsuits against employers concerning wellness program incentives. The EEOC argued in all three lawsuits that the incentives offered were so substantial that they made the wellness programs in effect involuntary wellness programs in violation of the American with Disabilities Act (ADA). 

The EEOC's Strategic Enforcement Plan calls for it to address emerging and developing issues in equal employment law, including issues involving the ADA, among other possible issues.  Wellness plans fall under such emerging issues.

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