EEOC Submits Update in AARP Case

On March 30, 2018, the EEOC filed its much anticipated update in the AARP v. EEOC case (“AARP case”). The court in that case asked the EEOC to file a status report regarding its plan for the wellness incentive rules under the Americans with Disabilities Act (ADA) and the Genetic Information and Nondiscrimination Act (GINA).

As discussed in previous blog posts, the court in the AARP case vacated the ADA and GINA incentive rules as not meeting the ADA and GINA “voluntary” requirement. The ADA and GINA incentive rules created a safe harbor for workplace wellness incentive amounts at 30% of the total cost of self-only coverage. Those incentive limits applied only to workplace wellness programs that collected employee health or genetic information. Read More