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Lawsuit challenges EEOC rules addressing wellness programs

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in Discrimination and Harassment,Human Resources

AARP, the seniors’ advocacy group, is suing the EEOC to stop it from issuing rules that clarify how workplace wellness programs align with federal anti-discrimination laws. The lawsuit contends the rules would illegally pressure employees into participating in wellness programs.

The ADA and the Genetic Informa-tion Nondiscrimination Act ban most incentives for wellness participation. The Affordable Care Act explicitly allows for a 30% health insurance discount to encourage participation.

AARP says the EEOC rules “enable employers to pressure employees to divulge” confidential health data, violating the ADA and GINA.

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