The U.S. Equal Employment Opportunity Commission announced here that it had issued issued final rules on how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply to employer-sponsored wellness programs.
So, what do y’all need to know about the EEOC’s new rules on employer wellness programs?
(No one ever accused me of burying the lede.)
What’s this all about?
For those of you who want to slog through the rules, you can find the ADA version here and the GINA version here.
Or, you can view the CliffsNotes versions, courtesy of the EEOC:
- EEOC Q&A on the ADA implications of employer wellness programs
- EEOC Q&A on the GINA implications of employer wellness programs
- Small Business Fact Sheet – Employer Wellness Programs and the ADA
- Small Business Fact Sheet – Employer Wellness Programs and GINA
Or, if you’re really feeling lazy, I’ll spell it out for you.
Q. Is there a maximum incentive that my business can offer employees?
A. Up to 30% of the total cost of employee-only health coverage.
Q. How about their spouses?
A. Same.
Q. And their kids?
A. Fuggeddaboudit. (But, children may participate)
Q. Can I require employees to participate?
A. Fuggeddaboudit.
Q. ADA? Does that mean I need to provide reasonable accommodation to participate?
A. Yes.
Q. Is confidentiality important?
A. You bet it is. You need to safeguard health information.
Q. Are there exceptions to the rule?
A. Yes.
Q. OK smart guy. And they are…
A. Wellness programs that do not obtain medical information to earn an incentive.
Q. When do the new rules take effect?
A. January 1, 2017
Since these rules are new, there will be a learning curve. Got questions? Find yourself a good employment lawyer.