News & Analysis as of

Genetic Information Nondiscrimination Act Wellness Programs Incentives

Constangy, Brooks, Smith & Prophete, LLP

ADA challenge to wellness incentives stays alive

Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review...more

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

Snell & Wilmer

Not So Fast: EEOC Withdraws Its Recently Issued Proposed Rules Addressing Employer Vaccination Incentives

Snell & Wilmer on

Employers may recall that, in the final days of the Trump Administration, the EEOC issued proposed regulations addressing incentives related to wellness programs and their lawfulness under the Americans with Disabilities Act...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED March 2021

Husch Blackwell LLP on

Update: The Alert below discuses wellness rules proposed by the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. Those proposed...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED February 2021

Husch Blackwell LLP on

On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules. If the proposed rules become effective, they will significantly restrict the ability of employers to provide incentives...more

K&L Gates LLP

COVID-19: EEOC Withdraws Proposed Rules on Employer Wellness Incentives, Leaving Uncertain the Permissibility of COVID-19...

K&L Gates LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) announced last Friday that it was withdrawing two proposed rules regarding the incentives employers can provide their employees as part of a wellness program without...more

Clark Hill PLC

EEOC Releases Wellness Program Guidance

Clark Hill PLC on

The EEOC recently released proposed regulations about wellness programs. Key takeaways include a program safe harbor and when only de minimum benefits can be provided. Additionally, the guidance provides insights into the...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives

Husch Blackwell LLP on

On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules that, if they become effective, will significantly restrict the ability of employers to provide incentives to participate...more

Davis Wright Tremaine LLP

Proposed EEOC Regulations Prohibit Offering More Than De Minimis Incentives for Participating in Most Wellness Programs

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) proposed new rules regarding how employers can provide incentives to employees to participate in wellness programs without violating the law. The key is...more

ArentFox Schiff

EEOC Proposes Final Rules Regarding Incentives for Participating in ‘Voluntary’ Wellness Programs

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission (the EEOC) proposed two final rules: One under the Americans with Disabilities Act (the ADA), and the other under the Genetic Information Nondiscrimination Act (GINA). ...more

Fisher Phillips

Second Time’s A Charm? EEOC Offers New Wellness Program Rules For Employers

Fisher Phillips on

The U.S. Equal Employment Opportunity Commission (EEOC) just revealed two new proposed rules concerning how employers can encourage employees to participate in employer-sponsored wellness programs without violating federal...more

Laner Muchin, Ltd.

Recent Class Action Lawsuit Involving Yale University’s Wellness Program Is A Cautionary Tale For Employers

Laner Muchin, Ltd. on

There is an increasing trend in legal challenges to an employer’s administration of a wellness program and whether that program violates the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination...more

Fisher Phillips

Limbo No More? EEOC May Soon Publish New Wellness Program Rules

Fisher Phillips on

Pushing its deadline back for the second time, the Equal Employment Opportunity Commission (EEOC) recently announced that it plans to issue amended regulations related to incentivizing participation in employer-sponsored...more

Cozen O'Connor

Workplace Wellness Programs – Key Legal Considerations

Cozen O'Connor on

Wellness programs have been, and continue to be, of interest to both employees and employers. Employees are more and more aware of healthy living initiatives. ...more

Spilman Thomas & Battle, PLLC

Back at Square One: The Questionable Status of Employer Wellness Plans

Sponsored wellness plans that include incentives to employees who voluntarily disclose personal health information as part of disability-related inquiries or medical examinations are in legal limbo after the EEOC removed the...more

Poyner Spruill LLP

Wellness Programs - An Update in Evolving Compliance

Poyner Spruill LLP on

Defining “wellness” for any one person is no simple task and neither is deciphering a given wellness program’s compliance under the law. In 2016, when the Equal Employment Opportunity Commission (EEOC) released its final...more

Snell & Wilmer

EEOC Removes 30% Incentive Safe Harbor from Wellness Program Regulations

Snell & Wilmer on

The Equal Employment Opportunity Commission (the “EEOC”) issued final rules, published in the Federal Register on December 20, 2018, that remove the 30% incentive provisions from the EEOC’s wellness program regulations...more

Miller Canfield

EEOC Rescinds Wellness Regulations

Miller Canfield on

The Equal Employment Opportunity Commission ("EEOC") has rescinded Wellness Regulations it originally issued in May 2016. The change, which took effect on Jan. 1, 2019, has created uncertainty for employers who collect...more

Akerman LLP - Health Law Rx

New Year, New Wellness Program Rules

Employers with established wellness programs that collect health information and/or require a medical exam can no longer rely on the EEOC regulations to justify that incentives provided under their wellness programs are...more

Saul Ewing LLP

New EEOC Rules Leave Incentive-Based Wellness Programs in Question

Saul Ewing LLP on

If you have a job or own a company, odds are that you or your employer offer some sort of wellness incentive program. According to a May 2018 survey by the National Business Group on Health and Fidelity Investments, 86...more

Ballard Spahr LLP

EEOC Withdraws Wellness Incentive Guidance

Ballard Spahr LLP on

The Equal Employment Opportunity Commission (EEOC) has formally withdrawn the provisions in its regulations governing wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Rescinds Wellness Incentive Rules

A not unexpected development. The Equal Employment Opportunity Commission has officially rescinded its regulations on wellness incentives under the Americans with Disabilities Act and the Genetic Information...more

Burr & Forman

Health Wellness Programs – An Introduction and a Resource

Burr & Forman on

With increasing employee health costs, many employers are adopting or expanding their health wellness programs. In the retirement plan area, some employers are also adopting programs to assist their employees with managing...more

Kilpatrick

Employer Wellness Planning for 2019 – Part II of II

Kilpatrick on

This is Part II of our blog post on employer wellness planning for 2019. Part I of our blog post explained the ongoing saga between AARP and the EEOC with respect to the ADA and GINA final regulations. We discussed that the...more

Snell & Wilmer

Wellness Rules Under the ADA – Will There Ever Be Certainty?

Snell & Wilmer on

We previously blogged about the EEOC’s final rules, published in the Federal Register on May 17, 2016, that explain how the Americans with Disabilities Act (“ADA”) applies to employer sponsored wellness programs. These rules...more

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