EEOC asks court to throw out wellness lawsuit filed by AARP

I've written here and here about the lawsuit filed by the AARP against the U.S. Equal Employment Opportunity Commission, seeking to invalidate the EEOC regulations relating to wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.

On Wednesday, the EEOC filed a motion asking the court to throw out the lawsuit. The EEOC argues that the AARP has no more standing to sue on behalf of its members than do Netflix, the United Airlines frequent flyer program, or Amazon -- in other words, the agency says, the AARP is not a true "membership" organization in which members have a right to elect officers and influence actions taken by the organization.

The EEOC also argues that its interpretation of the ADA and GINA "voluntary" requirements, in light of the 30 percent limit for incentives under the Health Insurance Portability and Accountability Act and the Affordable Care Act, is reasonable and was adequately explained.

The AARP, of course, will have a chance to respond before the court makes a ruling.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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