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Employment Privacy Blog

News, commentary, and legal updates from attorneys in the Data Security and Workplace Privacy Practice Group at Fisher Phillips.

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued regulations governing the treatment of wellness programs under the Genetic Information Nondiscrimination Act (“GINA”), as well as under the Americans with Disabilities Act (“ADA”). The rules regarding financial inducements began applying to employer-sponsored wellness programs as of the first day of the first plan year that began on or after January 1, 2017. This move led to a legal challenge by the AARP regarding whether the financial incentives provided for in both laws was consistent with the notion of voluntary participation. The United States District Court for the District of Columbia agreed with the AARP, and on August 22, 2017, just a little over a year after the regulations went into place, the court held in AARP v. United States Equal Employment Opportunity Commission that incentives and penalties up to 30% of employee health care costs are inconsistent with the “voluntary participation” requirement under both the ADA and GINA.

The Equal Employment Opportunity Commission recently issued final regulations regarding employer wellness programs under GINA and the ADA.

The Genetic Information Nondiscrimination Act (“GINA”), is a federal law enacted in 2008 which prohibits employers from requesting “genetic information” from their employees. Specifically, it prohibits employers with 15 or more employees from discriminating against an employee on the basis of the employee’s genetic information. “Genetic information” includes information from genetic tests, the genetic tests of the ...

GINATags: GINA

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