In the second half of 2014, the EEOC filed multiple lawsuits against companies whose wellness programs required employees to undergo certain medical testing or face penalties, claiming these programs violated the Americans with Disabilities Act. Following these lawsuits, the commission has issued guidance on wellness programs.
The guidance includes proposed regulations, a questions and answers sheet, and a fact sheet for small businesses on wellness programs and compliance. The regulations outlined, which are not yet in effect, include that wellness programs must be voluntary, that there are limitations on the incentives the employer can offer, and that the wellness program must be reasonably designed to promote health or prevent disease.
For more details on these guidelines, please click here.
To read the proposed rule, please click here.