EEOC RULES ON WELLNESS PLANS TAKE EFFECT

New EEOC rules allowing employers to offer employees incentives to participate in wellness programs took effect on January 1, 2017.  The AARP had sued to block the rules contending that the rules permit employers to compel employees to surrender private health and genetic information that the ADA and GINA generally protect from involuntary disclosure.  The EEOC rules provide that employers may offer workers up to 30% of the cost of self-only health insurance for participation in wellness programs that include health risk assessments or tests that can divulge disabilities or genetic data.  The rules contemplate that these financial inducements are "incentives" and not penalties against workers who refuse to give out their private health and genetic information.  On December 29, 2016, a federal district court in Washington refused to enjoin the implementation of these rules.  AARP v. EEOC, No. 16-2113 (12/29/16).