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.
Robin Shea is a Partner with the law firm of Constangy, Brooks, Smith & Prophete, LLP and has more than 20 years’ experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act), the Genetic Information Non-Discrimination Act, the Equal Pay Act, and the Family and Medical Leave Act; and class and collective actions under the Fair Labor Standards Act and state wage-hour laws; defense of audits by the Office of Federal Contract Compliance Programs; and labor relations. She conducts training for human resources professionals, management, and employees on a wide variety of topics.
