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ARTICLE · 15 JUNE 2016

EEOC Issues Regulations Governing Employer Wellness Programs

Duane Morris LLP
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Does your organization offer smoking cessation programs, stress management counseling and coaching, weight loss programs, biometric screenings or other health assessments to employees as part of a wellness program?

United StatesEmployment and HR
Linda Hollinshead
Linda Hollinshead
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Does your organization offer smoking cessation programs, stress management counseling and coaching, weight loss programs, biometric screenings or other health assessments to employees as part of a wellness program?

Are employees encouraged to participate by providing financial or other incentives, such as premium reductions, gift cards or coupons?

If so, your organization should review these programs in light of recent regulations issued by the Equal Employment Opportunity Commission ("EEOC").

On May 17, 2016, the EEOC issued two Final Rules, amending the regulations regarding employer wellness programs under the Americans with Disabilities Act ("ADA Final Rule") and the Genetic Information Nondiscrimination Act ("GINA Final Rule") ("Final Rules").

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