COMPLIANCE ALERT: Proposed Rules Would Amend Requirements for Wellness Program Incentives

On Jan. 7, 2021, the Equal Employment Opportunity Commission (EEOC) issued two proposed rules on wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA).

These proposed rules were issued in response to a federal court decision that vacated a portion of EEOC regulations describing the incentives that an employer could offer:

• Under the ADA as part of wellness programs that ask about employees’ health and/or ask them to undergo medical examinations; or
• Under GINA to an employee whose spouse provides information about the spouse’s manifestation of disease or disorder as part of a wellness program.

This Compliance Bulletin provides an overview of the proposed amendments to the wellness program rules.