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ARTICLE · 02 JANUARY 2019

EEOC Rescinds Wellness Incentive Rules

Constangy, Brooks, Smith & Prophete, LLP
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A not unexpected development. The EEOC has officially rescinded its regulations on wellness incentives under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.

United StatesEmployment and HR

A not unexpected development.

The Equal Employment Opportunity Commission has officially rescinded its regulations on wellness incentives under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The rescission rules were published in today's Federal Register and will take effect January 1.

(Thanks very much to my blogging buddy Bill Goren for alerting me to this yesterday.)

Here's some background, from a blog post that I wrote in October:

No wellness rules until June 2019. In May 2016, the Equal Employment Opportunity Commission issued regulations relating to wellness programs and how participation could be considered "voluntary" for purposes of the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. (Long story, but you can get the background here.) The AARP sued the EEOC, and a federal judge in the District of Columbia found in favor of the AARP on most points. After giving the EEOC a

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