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Please send feedback on any areas of concern within the EEOC’s proposal by May 22, 2015.


Today, the EEOC released a proposed rule and interpretive guidance on multiple issues related to employer wellness programs’ compliance with Title I of the Americans with Disabilities Act (“ADA”). Based on the preliminary analysis of our counsel at Steptoe & Johnson LLP, the EEOC’s proposal appears to answer the major outstanding questions on wellness programs and the ADA.

Although it may expand upon the ACA’s regulations in a few respects, it seems to be a reasonable proposal that does not directly conflict with the ACA wellness program regime. Today’s proposal does not address the extent to which Title II of GINA impacts an employer’s ability to condition incentives on a family member’s participation in a wellness program. The EEOC will address that issue in a future rule-making.

Preserving the market growth of wellness programs generated by the ACA is one of our top legislative and regulatory priorities this year. We continue to tell Members of Congress that the ACA provisions that allow for premium variances for participants in wellness programs can live in harmony with the ADA and GINA regulations. We consider the proposed rule a positive development, and look forward to working with Members of Congress and the Administration to see that the final rule preserves the market for these programs that encourage healthy behavior and help companies mitigate rising health costs.

We invite your feedback on any issues of concern within the EEOC’s proposal by May 22, 2015.