Back to News

EEOC Issues Final Rules Governing Employer Wellness Programs

Published on

May 18, 2016

The Equal Employment Opportunities Commission issued two final rules May 16, 2016 to clarify how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to workplace wellness programs that ask for health information. The rules permit employers to offer certain incentives for participation in these programs but reiterate that the collected information may not be used to discriminate against employees. The rules also place limits on the incentives and prohibit plans that provide certain insurance options only to those participating in a wellness program.

The final ADA rule permits wellness programs that request spousal health information or that require medical examinations and provides that employers may offer incentives of up to 30% of the total cost of self-only coverage. The final GINA rule extends this 30% limit to incentives provided for an employee’s spouse; again, this limit is a percentage of employee-only coverage, not family coverage.

Under both rules, employers must keep medical and genetic information obtained through the wellness program strictly confidential. Employers must also provide participating employees notice about what information will be collected, who will have access to it and why, and the restrictions on disclosure.

Employers will want to review their wellness programs to ensure compliance with these incentive limitations and equal access requirements. The new rules take effect January 1, 2017.

EEOC guidance regarding the new rules can be found here:
https://www.eeoc.gov/laws/regulations/qanda-ada-wellness-final-rule.cfm
https://www.eeoc.gov/laws/regulations/qanda-gina-wellness-final-rule.cfm


Related News

View More News
News Alert
March 13, 2024

Federal Court Strikes Down NLRB’s “Joint Employer” Rule

Late Friday, a U.S. federal district judge vacated the National Labor Relat...

Learn More
News Alert
March 6, 2024

National Labor Relations Board Rules Altering a Work Uniform With a “BLM” Insignia Can Be Protected, Concerted Activity

Two weeks ago, the National Labor Relations Board (NLRB) told Home Depot th...

Learn More
Newsletter
February 23, 2024

Barley Snyder 2023 Year In Review

Check out what the professionals of Barley Snyder have been up to in 2023 a...

Learn More

Other Upcoming Events

View All Upcoming Events
May
02
8:00 am
-
10:30 am
event
Location

Wake Up With Barley – A Morning on Real Estate 2024

Learn More
May
10
12:00 pm
-
5:00 pm
event
Location

Title IX Training: New Regulations & Updates – An Extension of the Employment Law Seminar

Learn More
Apr
10
12:00 pm
-
6:00 pm
event
Location

LendiCon 2024

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers