WASHINGTON (Legal Newsline) – The U.S. Equal Employment
Opportunity Commission (EEOC) released guidelines for how Title I of the
Americans with Disabilities Act (ADA) and Title II of the Genetic Information
Nondiscrimination Act (GINA) relate to employee wellness programs.
The goal of EEOC’s new rules is to help employers create
wellness programs for their workers but do so in a way that complies with all
discrimination laws. The guidelines will allow wellness programs to operate
consistently with their stated purpose of improving employee health.
Employers generally cannot obtain and use information about
their employees’ health conditions. However, with these rules, employers can
ask health-specific questions and conduct medical examinations as long as the
employer is providing health or genetic services as part of a voluntary