BREAKING: EEOC Issues Proposed Rule On Wellness Programs And The GINA

Constangy, Brooks, Smith & Prophete, LLP
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Yesterday, the Equal Employment Opportunity Commission issued a proposed rule on wellness programs and the Genetic Information Non-Discrimination Act. Here is the proposed rule, and here is the EEOC’s press release. A few months ago, the agency issued a proposed rule on wellness programs and the Americans with Disabilities Act, which I discussed here.

According to the EEOC press release,

The proposed rule clarifies that an employer may offer, as a part of its health plan, a limited incentive to an employee whose spouse is covered under the employee’s health plan; receives health or genetic services offered by the employer, including as part of a wellness program; and provides information about his or her current or past health status. The limited incentive may take the form of a reward or penalty and may be financial or in-kind (e.g., time-off awards, prizes, or other items of value).

I will have a comprehensive post on the proposed GINA rule as soon as I have a chance to read and digest it, but it looks like it is going to have some good news for employers.

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