Frank C. Morris, Jr., a Member of the Firm in the Litigation and Employee Benefits practices, Adam C. Solander, a Member of the Firm in the Health Care and Life Sciences practice, in the firm’s Washington, DC, office, and August Emil Huelle, an Associate in the Employee Benefits and Labor and Employment practices, in the firm’s New York office, authored an article in Employee Benefit News, titled “EEOC Proposes ADA Changes; Proposed Rule Seeks Amendments to the Americans with Disabilities Act.”

Following is an excerpt:

The Equal Employment Opportunity Commission's recently proposed rule on wellness programs clarifies that an employer may offer limited incentives up to a maximum of 30% of the total cost of employee-only coverage, whether in the form of a reward or penalty, to promote an employee's participation in a wellness program that includes disability-related inquiries or biometric examinations - as long as participation is voluntary.

Under the proposed rule, "voluntary" means that an entity covered by the Americans with Disabilities Act does not require employees to participate, doesn't deny coverage under any of its group health plans or limit coverage to an employee who refuses to participate in the program, and does not take any adverse employment action against employees who do not participate.

Further, to ensure that participation in a wellness program that includes disability-related inquiries or medical examinations and is a part of a group health plan is truly voluntary, an employer must provide an employee with a notice indicating what medical information will be obtained, who will receive the medical information, how the medical information will be used, the restrictions on such information's disclosure, and the methods that the covered entity will employ to prevent improper disclosure.

The article is based on the authors' Client Alert "EEOC Issues Proposed Wellness Program Amendments to ADA Regulations." 

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.