Magazine article HRMagazine

EEOC Wellness Rules Apply, but Agency May Revisitus

Magazine article HRMagazine

EEOC Wellness Rules Apply, but Agency May Revisitus

Article excerpt

The Equal Employment Opportunity Commission's (EEOC's) new rules governing the fees employers can assess workers who do not participate in wellness programs took effect Jan. 1. In October of last year, AARP, acting on behalf of its members, objected to the rules and filed a motion to block them, which a district court denied. But AARP's lawsuit isn't dead.

The EEOC's rules have been largely welcomed by employers because they "provide definitive guidance in an area that had been shrouded in uncertainty for several years," said Garrett Fenton, an attorney with Miller & Chevalier in Washington, D.C.

The regulations, issued under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA), permit employers to increase premiums for employee self-only coverage by up to 30 percent if Individuals choose not to participate in employer-sponsored wellness programs that solicit ADA- or GINA-protected information.

AARP argued that its members will suffer irreparable harm because many of them will be unable to afford premium Increases, forcing them to disclose confidential information they otherwise would not have shared. …

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