Wellness Programs: The EEOC’s Proposed ADA Wellness Rule Creates a Quandary for Employers

Inside Counsel

Frank C. Morris, a Member of the Firm in the Litigation and Employee Benefits practices, and Adam C. Solander, a Member of the Firm in the Health Care and Life Sciences practice, in the firm’s Washington, DC, office, co-authored an article for Inside Counsel titled “Wellness Programs: The EEOC’s Proposed ADA Wellness Rule Creates a Quandary for Employers.”

Following is an excerpt:

Nonetheless, while the ACA and the Triagency regulations trumpeted the positive benefits of wellness programs and guidelines for their use, another federal agency, the Equal Employment Opportunity Commission (EEOC), is in the picture because of its enforcement of the Americans with Disabilities Act (ADA). Under the ADA, employer medical inquiries and exams are prohibited unless they are a business necessity or are “voluntary.” The connection between the ADA and many wellness programs is that the programs frequently require the completion of a health risk assessment (HRA) and some biometric screening for things like body mass index, cholesterol, blood pressure, glucose, etc., as a condition of receiving the incentive.