New Guidance On Wellness Programs

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued proposed new rules  clarifying its stance on the interplay between the Americans with Disabilities Act (ADA) and employer wellness programs. Officially called a "notice of proposed rulemaking" or NPRM, the new rules propose changes to the text of the EEOC's ADA regulations and to the interpretive guidance explaining them. 

If adopted, the NPRM will provide employers guidance on how they can use financial incentives or penalties to encourage employees to participate in wellness programs without violating the ADA, even if the programs include disability-related inquiries or medical examinations.  This should be welcome news for employers, having spent nearly the past six years in limbo as a result of the EEOC's virtual radio silence on this question.