NH Legal Perspectives: EEOC’s wellness incentive rules run off the track

In May 2016, the Equal Employment Opportunity Commission (EEOC) issued regulations about employer-sponsored wellness programs. The goal was to clarify how employers could encourage and reward employees for following healthier lifestyles, while at the same time protecting employees’ private health information. The regulations contain specific rules about how employers can strike the right balance.

On Aug. 22, however, a federal court in the District of Columbia ordered the EEOC to revisit some of those rules, finding that they were arbitrary. Employers are again facing uncertainty about how to promote wellness plans but still comply with the American with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).

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