EEOC Issues Final Rules Addressing the Implications of ADA/GINA on Wellness Programs

WellnessToday, the Equal Employment Opportunity Commission (“EEOC”) released its final rules to amend regulations implementing Title I of the Americans with Disabilities Act (“ADA”) and Title II of the Genetic Information Non-Discrimination Act (“GINA”) as they relate to workplace wellness programs.  The EEOC had originally issued two Notices of Proposed Rulemaking in 2015 to revise current regulations as a result of the confusion surrounding how both the ADA and GINA impact wellness programs under the Affordable Care Act (“ACA”) and its regulations.  The final rules released today largely mirror the proposed regulations, with some important changes.  They will apply only prospectively starting the first day of the first plan year that begins on or after January 1, 2017 for the applicable health plan.

Below are the major provisions from each rule, as well as a discussion of the current legal landscape for employer wellness programs based on recent lawsuits brought by the EEOC.  Although the guidance from the EEOC is long overdue, the requirements these final rules impose do not completely align with the ACA, its regulations, or the intent to promote the use of wellness programs under the ACA.

Highlights of the Final Rule Revising ADA Regulations

As we discussed in a prior post, a major focus of the EEOC’s final rule is to address when a wellness program will be viewed as voluntary under the ADA.  As employers may already be aware, the ADA generally prohibits Continue reading