EEOC proposed rule clarifies wellness rules under GINA — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

EEOC proposed rule clarifies wellness rules under GINA

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in Employment Law,Human Resources

Employer-sponsored wellness programs often collect medical data about employees and their families to identify risk factors and customize health and exercise programs. The Affordable Care Act (ACA) health care reform law favors wellness programs as a way to manage chronic diseases and educate employees about their health.

THE LAW: Many wellness programs offer employees incentives for providing family health histories and meeting certain health-related goals. Both the ADA and the Genetic Information Nondiscrimination Act (GINA) bar employers from discriminating against employees based on their family medical histories or any predisposition to disease that genetic testing may reveal.

The ADA also bars many medical inquiries, but makes an exception for wellness programs as long as the information acquired is not used to discriminate against the employee.

WHAT’S NEW: Wellness programs often collect information about an em­­ploye...(register to read more)

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