More than five years after the Equal Employment Opportunity Commission (EEOC) rescinded portions of its regulations dealing with incentives that employers could offer under corporate wellness plans without violating the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA), the agency officially withdrew its guidance interpreting those regulations. While the agency’s action is largely a cleanup exercise, it underscores the continuing absence after five years of any meaningful EEOC guidance regarding the size of ADA- and GINA-compliant incentives that employers may offer to encourage their employees to participate in a corporate wellness plan.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.