On April 20, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) issued a proposed rule that would amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) as they relate to employer wellness programs. The proposed rule addresses the extent to which employers may use incentives to encourage employees to participate in wellness programs that include disability-related inquiries and medical examinations.
The EEOC also released a set of questions and answers that outline the issues at hand, define terms in the proposed rule, and explain how wellness programs interact with other federal nondiscrimination laws. Employers are not required to comply with the proposed rule until final regulations are issued, but many of the protections described reflect existing ADA requirements.
Employers should take a careful look at their wellness programs now to ensure they meet ADA obligations and accommodate employees with disabilities where required. For related guidance on employer benefits and wellness program topics, see Employer-Sponsored Health Benefits, Wellness Programs, and Retirement Planning.
At this time, employers should not:
- Require employees to participate in a wellness program.
- Deny health insurance to employees who do not participate in a wellness program.
- Take any adverse employment action, or retaliate against, interfere with, coerce, or intimidate employees who do not participate in wellness programs or who do not achieve certain health outcomes.
Further, employers should ensure that all employees are equally able to participate in any wellness programs or incentives offered, and that employees who need reasonable accommodations to participate are offered those accommodations.
ThinkHR and other HR resources continue to monitor developments in this area; employers should review program design and documentation periodically and consult compliance resources as rules evolve. For information about other employer insurance options, see Youth Recreation Programs Insurance.
If you need assistance implementing compliant wellness practices, consider talk to an agent to review your options.
Frequently Asked Questions
Are employers required to follow the EEOC proposed rule now?
No. Employers are not required to follow a proposed rule until it is finalized, but many of the protections in the proposal reflect existing legal obligations under the ADA.
Can employers offer incentives for wellness program participation?
Yes, but incentives must not coerce participation, must be available to all employees on an equal basis, and reasonable accommodations should be provided for employees with disabilities.
What should an employer do if an employee cannot complete a wellness program activity due to disability?
The employer should engage in a timely, good-faith interactive process and consider reasonable accommodations that would enable the employee to participate or receive equivalent benefits.