On August 22, the U.S. Federal District Court for
the District of Columbia ordered the Equal Employment Opportunity Commission
(EEOC) to reconsider its final regulations in regard to the size of the
incentive an employer may offer to participate in wellness program without violating
the Americans with Disabilities Act (ADA) or the Genetic Information
Nondiscrimination Act (GINA).
EEOC had published wellness program regulations in May 2016.
These regulations were similar to the HIPAA non-discrimination rules but
differed in significant respects that made compliance difficult for
employers.
In October 2106, American Association for Retired People (AARP)
sued the EEOC alleging that the size of the permissible reward (30% of the cost
of single coverage) was too large to be considered voluntary and was in
violation of both the ADA and GINA.
The court agreed with the AARP and held that the administrative
record did not adequately support the EEOC's regulations as to the size
permissible reward. The court felt that the EEOC did not explain their
reasoning for determining the size of the reward. The Court then
ordered the EEOC to reconsider its regulations.
Despite its decision, the court declined to vacate the
regulations. The status quo will remain in effect pending the EEOC's
review.
For a copy of the court decision (AARP v. EEOC, no. 16-2213 2017
BL 293605 (D.D.C. August 22, 2017)), click on the link below:
No comments:
Post a Comment