As Mr. Morris discusses, the U.S. Equal Employment Opportunity Commission (EEOC) has issued a proposed rule that would allow employers that offer wellness programs to provide limited incentives in exchange for an employee’s spouse providing information about his or her health status. The proposed rule would amend the regulations related to Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). However, the proposed rule would not alter GINA’s absolute and general prohibition against the use of genetic information in making employment decisions.
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