Hallelujah! The Equal Employment Opportunity Commission announced this week that it plans to issue guidance on employers’ ability to offer incentives to employees based on their participation in wellness programs, or whether they provide information in response to health risk assessments.
I’ve blogged about this issue in the past – here, here, here, and here. There is at least a question that wellness incentives (and disincentives) could have implications under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The EEOC has indicated that it is generally “pro-wellness,” but it has also signaled that incentives — and, especially, negative incentives, such as penalties for non-participation — might be problematic under these laws.
We will look forward to learning what’s what in this critical area.