Frank C. Morris Jr., a Member of the Firm in the Litigation and Employee Benefits practices, in the firm’s Washington, DC, office, was quoted in Bloomberg BNA’s Daily Labor Report, in “EEOC Proposal Addresses GINA Limits on Wellness Plans,” by Kevin McGowan.
Following is an excerpt:
The “good news” for employers is the EEOC authorizes limited incentives for information that may be covered by GINA, said Frank Morris, a partner with Epstein Becker & Green in Washington. The EEOC also says those incentives may be rewards or penalties, which seems contrary to the agency’s litigation position taken just a year ago, Morris told Bloomberg BNA Oct. 29.
The proposed rule says the inducement may be up to 30 percent of the costs of family coverage for employee and spouse, which seems to be different than the ADA proposal, which limited allowable incentive to 30 percent of the cost of individual coverage, Morris said.