The Equal Employment Opportunity Commission (EEOC) has voted to approve a draft notice of proposed rulemaking to address the extent to which employers may use incentives in conjunction with wellness programs in compliance with the Americans with Disabilities Act (ADA). The 2 to 1 vote to proceed with the rulemaking was approved at a virtual public meeting held by the EEOC on June 11, 2020.
While the text of the draft notice of proposed rulemaking has not yet been made publicly available, we thought this would be a good time to remind members of the EEOC’s previous attempts to regulate wellness plans under both the ADA and the Genetic Information Nondiscrimination Act (GINA), and how the issue is likely to proceed going forward.
Members of the Center for Workplace Compliance (CWC) can read more here.