Progress, But Also Perpetuated Errors, In The EEOC’s Proposed GINA Rule Regarding Wellness Program Incentives

Today, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking addressing wellness program incentives under the Genetic Information Nondiscrimination Act (“GINA Proposed Rule”) in the Federal Register (here).  This NRPM comes on the heels of the EEOC’s proposed rule covering wellness program incentives under the Americans With Disabilities Act (“ADA Proposed Rule”) released last April and discussed here.  Today’s proposal should be required reading for corporate counsel and HR executives. The EEOC’s litigation enforcement program has targeted wellness programs, and GINA discrimination issues is also on the Commission’s radar.

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