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rescinded its regulations on wellness incentives under the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