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EEOC Releases Proposed Rules For Employer Wellness Program Incentives

 

On January 7th, the Equal Employment Opportunity Commission (“EEOC”) released its proposed rules for employer wellness program incentives which could provide employers and employees a framework to consider going forward.

For the purposes of the EEOC’s proposed rules, this applies to employer wellness programs where employers encourage their employees to take part in a workout routine, join a gym, lose weight, run a race, etc.  The proposed rules from the EEOC clarifies the scope of incentives that an employer can offer its employees without running afoul of the Americans with Disabilities Act (“ADA”) or the Genetic Information Nondiscrimination Act (“GINA”).

Under the proposed rules, an employer would be allowed to offer its employees only a de minimis incentive for participating in a wellness program.  De minimis incentives that would be permissible include incentives such as a water bottle or gift card of modest value.  However, paying an employee’s guy membership would not be de minimis and therefore not allowed.

I refer readers to the EEOC press release which provides more guidance no the topic.  Note, the rules have not gone into effect yet as they are subject to a 60 day public comment period.


For additional information:  https://www.eeoc.gov/newsroom/eeoc-provides-proposed-wellness-rules-review

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