Many employers use wellness programs to improve the health of their workforce and reduce health care costs by promoting healthy lifestyles and preventing disease. These wellness programs often use medical questionnaires or health care screenings to assess employees’ health risks.
In doing so, they may run afoul of the ADA and the Genetic Information Nondiscrimination Act, or GINA.
In 2016, the EEOC issued new regulations addressing wellness programs with regard to the ADA and GINA. An EEOC statement noted:
“The ADA and GINA generally prohibit employers from obtaining and using information about employees’ own health conditions or about the health conditions of their family members, including spouses. Both laws, however, allow employers to ask health-related questions and conduct medical examinations, such as biometric screenings to determine risk factors, if the employer is providing health or genetic services as part of a v...(register to read more)