Last week, the U.S. Equal Employment Opportunity Commission (EEOC) officially published proposed regulations that provide employers guidance on implementing wellness programs that comply with the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. Wellness programs are employee health programs and activities that are designed to promote healthy lifestyles and prevent disease. They generally fall into two categories: (1) participatory, or (2) health-contingent.
..Participatory programs do not condition a reward based on anemployee satisfying a particular health standard. Examples of participatory programs include fitness center reimbursements or rewards for participating in health risk assessments (“HRAs”) without requiring any further action by employees to address health issues identified in the HRAs...
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