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ARTICLE · 30 JULY 2015

EEOC Proposed Rule Clarifies Compliance For Worksite Wellness Programs

Hunton Andrews Kurth LLP
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On April 20, 2015, the Equal Employment Opportunity Commission ("EEOC") issued a Notice of Proposed Rule Making ("NPRM") addressing how Title I of the Americans with Disabilities Act ("ADA") applies to employer wellness programs.

United StatesEmployment and HR
Elizabeth Campbell
Elizabeth Campbell
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On April 20, 2015, the Equal Employment Opportunity Commission ("EEOC") issued a Notice of Proposed Rule Making ("NPRM") addressing how Title I of the Americans with Disabilities Act ("ADA") applies to employer wellness programs. The NPRM, which closed to public comments on June 19, 2015, also provides guidance as to how employers can ensure that their wellness programs comply with the Health Insurance Portability and Accountability Act ("HIPAA") as modified by the Affordable Care Act. 

Wellness programs have become increasingly common in the workplace, with many employers offering financial incentives to employees who complete health-risk assessment questionnaires or participate in biometric screening programs. Although collection of employee medical information is generally prohibited by the ADA, wellness programs are permitted if they are part of a voluntary employee health program. 

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