On May 17, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued two rules specifying how employer-sponsored wellness plans can comply with the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA).  The new rules, which take effect in 2017, address the extent to which employers may offer inducements to employees in exchange for providing certain information in connection with employer-sponsored wellness plans.  

The first rule amends the regulations implementing Title I of ADA, which generally prohibits discrimination against individuals on the basis of disability in regard to compensation and other terms of employment.  See 42 U.S.C. § 12112(a); 29 C.F.R. § 1630.4(a)(1)(vi).  The new rule allows an employer to provide limited incentives in exchange for an employee answering disability-related questions or undergoing a medical examination as part of a wellness program.

The second rule amends the regulations implementing Title II of GINA, which prohibits employers from using genetic information to make employment decisions.  See 42 U.S.C. §§ 2000ff–2000ff-11; 29 C.F.R. § 1635.1 et seq.  The EEOC’s new rule provides that an employer may offer a limited inducement to an employee whose spouse provides information about the spouse's manifestation of a disease or disorder as part of a health risk assessment administered in connection with an employer-sponsored wellness program.  The rule also prohibits employers from offering inducements in exchange for current or past health status information about children, as well as inducements in exchange for genetic information about spouses and children.

The GINA Final Rule is available here, and the ADA Final Rule is available here.

Reporter, J. Gardner Armsby, Atlanta, +1 404 572 2760, garmsby@kslaw.com.