Offering Practical Guidance to Employers
For years (and I do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement on the topic, this time related to incentives for COVID-19 vaccinations.
The ADA prohibits employers from requiring medical examinations or…
Just as you may have been preparing to settle into a relaxing Memorial Day Weekend, the EEOC issued additional informal guidance today concerning COVID-19 vaccination issues. Although there are still many holes to be filled, and employers continue to be left with incomplete guidance, here are some initial highlights and observations:
MANDATING THE VACCINE
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The EEOC today released for public comment its proposed rule to amend its regulations and interpretive guidance as they relate to wellness programs, including the size of incentives an employer may offer yet still have a “voluntary” wellness program under the ADA. For additional information concerning the proposed rule, click here.
The days of referring to the EEOC’s guidance on wellness incentives under the ADA and GINA as “long-awaited” may be coming to an end. The EEOC announced that it has sent a Notice of Proposed Rulemaking (NPRM) on this issue to the Office of Management and Budget (OMB) for clearance.
The NPRM is not available…
March is here. The EEOC’s perspective on wellness program incentives is not. Yet again.
In its Fall 2014 regulatory agenda, the EEOC stated it would be issuing in February 2015 amended regulations concerning the size of incentives an employer may offer, yet still have a “voluntary” wellness program under the ADA and GINA. The…
