Yesterday, the Equal Employment Opportunity Commission issued a proposed rule on wellness programs and the Genetic Information Non-Discrimination Act. Here is the proposed rule, and here is the EEOC's press release. A few months ago, the agency issued a proposed rule on wellness programs and the Americans with Disabilities Act, which I discussed here.
According to the EEOC press release,
The proposed rule clarifies that an employer may offer, as a part of its health plan, a limited incentive to an employee whose spouse is covered under the employee's health plan; receives health or genetic services offered by the employer, including as part of a wellness program; and provides information about his or her current or past health status. The limited incentive may take the form of a reward or penalty and may be financial or in-kind (e.g., time-off awards, prizes, or other items of value).
I will have a comprehensive post on the proposed GINA rule as soon as I have a chance to read and digest it, but it looks like it is going to have some good news for employers.
Of Counsel & Chief Legal EditorRobin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.
Robin is editor in chief ...
This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
