The Equal Employment Opportunity Commission (EEOC) has issued a proposed rule amending prior regulations under the Genetic Information Nondiscrimination Act of 2008 (GINA) to address incentives in workplace wellness programs. The EEOC issued a proposed rule on the application of the Americans with Disabilities Act to employer-sponsored wellness programs earlier this year. The new proposal tackles whether employers can offer incentives for an employee’s spouse to participate in a wellness program, particularly where the program requires the spouse to take a health risk assessment that seeks information about the spouse’s health status.
The proposed rule is an expansion of other recent guidance issued by the EEOC, as well as the Departments of Labor, Treasury, and Health and Human Services.
The EEOC’s proposed rule is open for comments until December 29.