Under Title I of the Americans with Disabilities Act (“ADA”), employers aren’t allowed to discriminate against workers based on health status. Under the ADA, employers can, however, ask workers for details about their health and conduct medical exams as part of a voluntary wellness program. Employers have been clamoring for the EEOC to spell out what “voluntary” means under the ADA and to clarify the relationship between the ADA and wellness program financial incentives permitted under the Patient Protection and Affordable Care Act (“Affordable Care Act”).

On Thursday, April 16, 2015, the U.S. Equal Employment Opportunity Commission (the “Commission”) answered this call.1 It published a Proposed Rule describing how the ADA applies to employer wellness programs.2 The final Rule will provide critical guidance to both employers and employees about how wellness programs offered as part of an employer’s group health plan can comply with the ADA. Members of the public have until June 19, 2015, to submit comments on how the rule can be improved or clarified.