Employer-Sponsored Wellness Programs Under GINA

The EEOC recently published an informal discussion letter, outlining its perspective on the impact of the Genetic Information Nondiscrimination Act (GINA) on employer-sponsored workplace wellness programs. More specifically, the letter discussed how and to what extent employers may offer incentives to employees to participate in wellness programs without violating GINA.

Among other things, GINA prohibits employers or covered entities from requesting, requiring, or purchasing genetic information, subject to six limited exceptions. One exception allows a covered entity, like a health insurance plan, to acquire genetic information about an employee or his or her family members when it offers health or genetic services, including wellness programs, on a voluntary basis. The individual receiving the services must give prior voluntary, knowing, and written authorization. Covered entities may not offer financial inducements for individuals to provide genetic information as