New EEOC rules: How do wellness plans interact with genetic-bias law? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

New EEOC rules: How do wellness plans interact with genetic-bias law?

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in Discrimination and Harassment,Human Resources

The EEOC issued a proposed rule earlier this month that aims to clarify how employers’ wellness programs would interact with a section of the Genetic Information Nondiscrimination Act (GINA).

The EEOC’s earlier GINA regulations prohibit employers from providing incentives to employees in return for their “genetic information” (typically info about family diseases or disorders). The new rule would allow employers that offer a company wellness programs to offer incentives—in the form of a reward or penalty—in exchange for an employee’s spouse to provide information about his or her current or past health status.

The EEOC will take comment on the proposed changes until Dec. 29, then issue their final changes sometime in 2016.

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