White Paper

EEOC Issues Final Rule on Employer Wellness Programs

 
“Recently, the Equal Employment Opportunities Commission (EEOC) issued the final version of its rule regulating employer-sponsored wellness plans. The Final Rule limits the incentives that may be offered through a wellness program, defines what a "voluntary" program is for purposes of the Americans with Disabilities Act, and imposes additional notice and confidentiality requirements on employers. The Final Rule, which becomes effective January 1, 2017, applies to any program that asks disability-related questions or requires medical examinations regardless of whether an employer offers a group health plan.

By way of background, the Americans with Disabilities Act (ADA) permits employers to conduct medical examinations or inquiries if the examination or inquiry is: (1) job-related and consistent with business necessity; or (2) "voluntary" as part of an employee health plan. Employers generally use financial incentives or rewards to encourage participation in wellness programs. The EEOC position has been that a wellness program is "voluntary" as long as the employer neither requires participation nor penalizes an employee for not participating. However, until now the EEOC had not specifically defined a "voluntary" wellness program or addressed whether, or to what extent, a financial incentive or reward for participation would cause a wellness program to be involuntary.”

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Faculty

Daniel Simandl

Daniel Simandl

von Briesen & Roper, s.c.

Agenda

Faculty

Daniel Simandl

Daniel Simandl

von Briesen & Roper, s.c.

  • Attorney in the office of von Briesen & Roper, s.c. and member of the employee benefits practice group and labor and employment practice group
  • Practice emphasizes all aspects of labor, employment, and employee benefits
  • Advised clients in legal matters pertaining to the Employee Retirement Income Security Act, Occupational Safety and Health Act, the Americans with Disabilities Act, the Affordable Care Act, and the Family and Medical Leave Act
  • J.D. degree, Marquette University Law School; B.A. degree, University of Minnesota
  • Can be contacted at 414-287-1578 or [email protected]

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