EEOC Initiates Rulemaking Process for Employer-Sponsored Wellness Programs

Addressing the ongoing controversy over employer wellness programs, which we discussed in a prior alert, the EEOC recently submitted a notice of proposed rulemaking to the White House Office of Management and Budget (OMB). The EEOC has recently brought a handful of lawsuits against employers sponsoring wellness programs, alleging that the incentives and other aspects of those programs violate both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). It is anticipated that the EEOC’s proposed rules will clarify some of the uncertainties employers and plan sponsors face under the ADA and GINA when sponsoring a wellness program that otherwise meets all applicable requirements of the Affordable Care Act, HIPAA, and state law.