EEOC Releases Proposed Regulations on ADA-Compliant Wellness Programs

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The EEOC published proposed regulations in the Federal Register on April 20 to amend the Americans with Disabilities Act to address guidelines for employer wellness programs. The purposes are to ensure that medical inquiries and disability-related inquiries of employees related to participation in wellness programs are voluntary and not-coerced, that the intent of participation is to promote health or prevent disease, that medical information will not be used to discriminate against employees with disabilities, and that accommodations are provided to allow employees with disabilities to participate.  Employers would also be required to provide a notice to employees advising what medical information would be required for participation, and how it would be used, disclosed, and confidentially maintained.

 

According to the EEOC: The proposed rule explains what an employee health program is, what it means for an employee health program to be voluntary, what incentives employers may offer as part of a voluntary employee health program, and what requirements apply concerning notice and confidentiality of medical information obtained as part of voluntary employee health programs. In addition, the proposed rule explains that compliance with rules concerning voluntary employee health programs does not ensure compliance with all the antidiscrimination laws EEOC enforces.

 

Anyone who wants to comment on this proposed rule has 60 days to do so, until June 19, 2015.

 

The following resources are available through EEOC:

 

 

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