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ARTICLE · 13 JUNE 2019

Limbo No More? EEOC May Soon Publish New Wellness Program Rules

Fisher Phillips LLP
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Pushing its deadline back for the second time, the Equal Employment Opportunity Commission (EEOC) recently announced that it plans to issue amended regulations related to incentivizing participation.

United StatesEmployment and HR
Mathew A. Parker
Mathew A. Parker
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Pushing its deadline back for the second time, the Equal Employment Opportunity Commission (EEOC) recently announced that it plans to issue amended regulations related to incentivizing participation in employer-sponsored voluntary wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) by the end of this year. What should employers know about the May 22 announcement, and why might it be different from prior deadlines set by the EEOC?   

A Short Refresher On How We Got Here

As most employers recall, the EEOC finalized wellness program rules in May 2016, only to have a federal district court vacate portions of the rules in August 2017. The court required the EEOC to revise the incentive-limit portion of the rules (which stated that employers could use an incentive or penalty of up to 30 percent of the cost of self-only coverage to encourage participation in an employer-sponsored wellness program

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