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EEOC Proposes Wellness Incentives Rule

The Equal Employment Opportunity Commission (EEOC) issued a proposed rule involving the Americans with Disabilities Act and Employee Wellness Programs. The intent of the proposed rule is to clear up confusion over using financial incentives in worksite wellness programs.  The proposal was published April 20, 2015, in the federal register with a 60-day public notice and comment period.  The Notice of Proposed Rulemaking is available here.   Wellness programs must be reasonably designed to promote health or prevent disease and must be voluntary.  Employers may offer limited incentives for employees to participate in wellness programs or to achieve certain health outcomes.  Any medical information obtained as part of a wellness program must be kept confidential.  Employers must provide reasonable accommodations that enable employees with disabilities to participate and to earn incentives offered by the employer.  For further information on the proposed rule, please go here or contact a member of our Labor and Employment law section.

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