HR Dive cited the Workforce Bulletin blog post, “EEOC Withdraws Proposed Wellness Incentive Rules — Increasing Employer COVID-19 Vaccination Incentive Uncertainties,” co-authored by attorneys Frank C. Morris Jr., Tzvia Feiertag, Maxine (Mickey) Neuhauser, and Jennifer Stefanick Barna, in “$1.2K Wellness Program Opt-Out Surcharge Violates ADA, AARP Foundation Claims,” by Ryan Golden.

Following is an excerpt:

The AARP Foundation has filed a charge with the U.S. Equal Employment Opportunity Commission alleging an employer’s wellness program discriminates against workers in violation of the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. …

In 2017, AARP successfully argued before a federal judge that an EEOC rulemaking on wellness programs should be enjoined. The EEOC rule would have set the limit for “voluntary” wellness incentives at 30% of the cost of coverage.

In 2021, EEOC once again pursued an updated wellness program incentive standard, this time proposing that employers offer no more than a “de minimis incentive” to encourage participation. However, the proposal was later withdrawn amid the agency’s transition under the Biden administration, according to a blog published by attorneys with management-side firm Epstein Becker Green.

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