New EEOC Rules For Wellness Programs: A 30 Percent Incentive = Voluntary

For years, employers have been allowed to offer voluntary wellness programs to employees under the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA). Both laws generally prohibit health-related questions and medical examinations, such as biometric screenings, but have an exception if done in conjunction with a voluntary wellness program. However, in recent years several employers offering wellness programs have raised the ire of the Equal Employment Opportunity Commission (EEOC) by offering wellness programs containing financial incentives, which the EEOC claimed eliminated the voluntary character of the programs. Ironically when the EEOC began challenging these employer programs, they did so despite having never committed to what it considered voluntary, let alone issued any formal guidance on the matter. Finally, now the EEOC has done just that.