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ARTICLE · 22 APRIL 2015

EEOC Releases Proposed Rule On Employer Wellness Programs

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The EEOC will be accepting comments on these proposed regulations until June 19, 2015. The EEOC will then review the comments and issue the final regulations.

United StatesEmployment and HR
Kenneth Yerkes
Kenneth Yerkes
John Koenig
John Koenig
David Ritter
David Ritter
William A. Nolan
William A. Nolan
Mark Kittaka
Mark Kittaka
Robert Sikkel
Robert Sikkel
Peter Morse, Jr.
Peter Morse, Jr.
Scott Witlin
Scott Witlin
Roy A. Ginsburg
Roy A. Ginsburg
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On April 16, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking that would amend the regulations and interpretive guidance under Title I of the Americans with Disabilities Act (ADA) as they relate to employer wellness programs.

The proposed rule makes clear that employers can ask employees to submit to health inquiries and/or examinations as part of wellness program as long as the program is voluntary and reasonably likely to promote health or prevent disease. The medical information obtained in the wellness program can only be disclosed to the employer in aggregate form so that it does not reveal the identity of any employee. The proposed rule requires employers to give employees notice of the medical information that would be collected under the wellness plan and state with whom the information would be shared, how it would be used and how it would be kept confidential.

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