EEOC Proposed Rule Addresses Employee Wellness Program Incentives, Confidentiality and Accommodations

​The Equal Employment Opportunity Commission (EEOC) has issued a proposed rule that, if finalized, would amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) to provide guidance on the extent to which employers may use incentives to encourage employees to participate in wellness programs that include disability-related inquiries or medical examinations. EEOC has posted a fact sheet and question-and-answer document providing information on how wellness programs should be designed, why they must be voluntary, what types of incentives to participate employers can offer, the importance of keeping related employee medical information confidential, what accommodations employers must provide to enable employees with disabilities to participate, and more.