Federal Court Rules That EEOC Must Reconsider Workplace Wellness Rules

Tuesday, September 19, 2017

In AARP v. U.S. Equal Employment Opportunity Commission, decided Aug. 22, 2017, the U.S. District Court for the District of Columbia directed the EEOC to reconsider its wellness program rules under the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA).  The case can be read in full here:  https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2016cv2113-47

The court ruled that the EEOC’s wellness program rules that 30 percent incentives for participation in wellness programs are not “voluntary” under the ADA and GINA. The court concluded that the EEOC’s basis for establishing this incentive level was not well-reasoned and therefore not entitled to deference from the court. The court remanded them to the EEOC for reconsideration.
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