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52 Matching News Items

1.  Statements and Testimony at May 8 EEOC Meeting on Wellness Programs Under Federal Equal Employment Opportunity Laws
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
May 9, 2013
At the link appear statements and testimony submitted to the Commission, as well as video of the meeting. (Transcript to follow.) The Commission will hold open the May 8, 2013 Commission meeting record for 15 days, and invites audience members, as well as other members of the public, to submit written comments on any issues or matters discussed at the meeting."
2.  Text of EEOC Proposed Rule: Amendments to Regs Under the Americans with Disabilities Act
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Jan. 7, 2021
"The U.S. Equal Employment Opportunity Commission (EEOC or Commission) is issuing this proposed rule in response to a decision of the U.S. District Court for the District of Columbia that vacated a portion of an EEOC regulation describing the incentives employers could offer as part of wellness programs that ask about employees' health and/or ask them to undergo medical examinations.... The Commission now proposes amendments to provisions in two sections of the ADA regulations: 29 CFR 1630.14(d), medical examinations and inquiries specifically permitted, and 1630.16(f), health insurance, life insurance, and other benefit plans (known as the 'safe harbor'), and to the interpretive guidance accompanying these sections. Revisions to these sections explain how the ADA's voluntary requirement and safe harbor provisions apply when determining the extent to which employers may offer incentives for employees to participate in wellness programs that obtain medical information." [Link is to archived copy; proposed regs withdrawn by EEOC Feb. 12, 2021]
3.  EEOC to Explore Wellness Programs at Open Session on May 8
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
May 3, 2013
"The U.S. Equal Employment Opportunity Commission (EEOC) will hold a meeting on Wednesday, May 8, at 9:00 a.m. (Eastern Time), at agency headquarters ... [T]he open session of the meeting will be open to public observation of the Commission's deliberations. The Commission will hear from invited panelists on the treatment of wellness programs under federal law, with an emphasis on understanding the ways in which the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and other statutes EEOC enforces may be implicated by these programs."
4.  Final EEOC Regs on Retiree Health Benefits Under the Age Discrimination in Employment Act (ADEA) (PDF)
U.S. Equal Employment Opportunity Commission Link to more items from this source
Dec. 26, 2007
8 pages; effective December 26, 2007. Excerpt: The Equal Employment Opportunity Commission is publishing this final rule so that employers may create, adopt, and maintain a wide range of retiree health plan designs, such as Medicare bridge plans and Medicare wrap-around plans, without violating the Age Discrimination in Employment Act of 1967 (ADEA). To address concerns that the ADEA may be construed to create an incentive for employers to eliminate or reduce retiree health benefits, EEOC is creating a narrow exemption from the prohibitions of the ADEA for the practice of coordinating employer-sponsored retiree health benefits with eligibility for Medicare or a comparable State health benefits program.
5.  EEOC: Employer Wellness Programs Need Guidance to Avoid Discrimination
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
May 8, 2013
"Wellness programs are an increasingly common feature of employee benefits programs, and guidance is needed to avoid violations of federal equal employment opportunity laws, a panel of experts representing business, advocacy groups and providers told the [EEOC] ... The Commission will hold open the Wellness Commission meeting record for 15 days, and invites members of the public, to submit written comments on any issues or matters discussed at the meeting."
6.  New 'Digest of EEO Law' Issued by EEOC
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Jan. 12, 2016
"The [EEOC] today announced the latest edition of its federal sector Digest of Equal Employment Opportunity Law, which is available online. The Digest now includes hyperlinks so that stakeholders can easily access the full decisions which have been summarized. This quarterly publication, prepared by EEOC's Office of Federal Operations, features a wide variety of recent Commission decisions and federal court cases of interest. The current edition also includes a special year-end selection of notable EEOC decisions for fiscal year 2015 (which ended Sept. 30, 2015)."
7.  Understanding Waivers of Discrimination Claims in Employee Severance Agreements
U.S. Equal Employment Opportunity Commission Link to more items from this source
July 16, 2009
Excerpt: To minimize the risk of potential litigation, many employers offer departing employees money or benefits in exchange for a release (or 'waiver') of liability for all claims connected with the employment relationship, including discrimination claims under the civil rights laws enforced by the Equal Employment Opportunity Commission (EEOC) -- the Age Discrimination in Employment Act (ADEA), Title VII, the Americans with Disabilities Act (ADA), and the Equal Pay Act (EPA).[2] While it is common for senior-level executives to negotiate severance provisions when initially hired, other employees typically are offered severance agreements and asked to sign a waiver at the time of termination. When presented with a severance agreement, many employees wonder: Is this legal? Should I sign it? This document answers questions that you may have if you are offered a severance agreement in exchange for a waiver of your actual or potential discrimination claims.
8.  Text of EEOC FAQs: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Oct. 13, 2021
"The availability of COVID-19 vaccinations raises questions under the federal equal employment opportunity (EEO) laws, including the Americans with Disabilities Act (ADA), the Rehabilitation Act, the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil Rights Act ... This [Section K] was originally issued on December 16, 2020, and was updated on October 13, 2021." [Updates include revisions to Q&A 15-18, which discuss Employer Incentives For COVID-19 Voluntary Vaccinations Under ADA and GINA.]
9.  Why ADEA Coverage Begins at Age 40
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Nov. 8, 2012
In a recent informal letter to a person who posed a question, the Equal Employment Opportunity Commission reviewed one aspect of Age Discrimination in Employment Act. Excerpt: "The Supreme Court found that the ADEA only protects older workers against discrimination that disfavors them as compared to younger workers, even when all of the workers are at least 40 years old.... Therefore, the ADEA would not prohibit minimum age requirements even if the minimum age requirement were set at age 40 or above, because the minimum age requirement would benefit the relatively older workers and only harm the relatively younger workers. Answering why this limitation exists requires some explanation of legislative history."
10.  Text of EEOC Extension of Comment Period on Proposed Regs for GINA and Employer Wellness Programs
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Dec. 4, 2015
"On October 30, 2015, the EEOC published [a proposed regulation on GINA and employer wellness programs ... The previous comment deadline was December 29, 2015. The EEOC has received a request for an extension of the comment deadline for this proposed rule. This action extends the comment period until January 28, 2016."
11.  EEOC Challenges the Design of Another Employer's Wellness Program under the ADA
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Oct. 2, 2014
"The EEOC contends that the biometric testing and health risk assessment constituted 'disability-related inquiries and medical examinations' that were not job-related and consistent with business necessity as defined by the Americans With Disabilities Act (ADA). These alleged actions and severe consequences for not providing prohibited information as part of its 'wellness program' violate Title I of the ADA, which prohibits disability discrimination in employment, including making disability-related inquiries." [EEOC v. Flambeau, Inc., No. 3:13-cv-00638 (W.D. Wash. filed Oct. 1, 2014)]
12.  EEOC Fact Sheet on Proposed Regs for Genetic Information Nondiscrimination Act and Incentives in Employer Wellness Programs
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Oct. 30, 2015
"The proposed rule would permit employers to offer limited incentives for the employee's spouse to provide current or past health status information as part of a wellness program, where the spouse participates in the employer's health plan.... The proposed rule says that any health or genetic services an employer offers must be reasonably designed to promote health or prevent disease. This means that the service must have a reasonable chance of improving the health of, or preventing disease in, participating individuals. It also means that an employer-sponsored wellness program must not be overly burdensome, a subterfuge for violating Title II of GINA or other laws prohibiting employment discrimination, or highly suspect in the method chosen to promote health or prevent disease."
13.  EEOC Sends Proposed Regs on ADA and Wellness Programs to OMB for Clearance
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Mar. 22, 2015
"This proposed rule, which was approved by a bipartisan vote, would amend the regulations implementing the equal employment provisions of the ADA to address the interaction between Title I of the ADA and financial incentives as part of wellness programs offered through group health plans. The submission of the NPRM to OMB represents the start of the regulatory process."
14.  Text of EEOC Informal Discussion Letter: Calculating Incentive Limits for Employer Wellness Programs under ADA and GINA
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Aug. 29, 2016
Unnumbered document; dated July 1, 2016. "You asked what incentive limit applies if an employer offers a group health plan with multiple benefit options (high, medium, and low medical options) and enrollment in any one of the options is required to participate in the wellness program.... [B]oth the ADA and GINA rules provide that where an employer offers more than one group health plan but enrollment in a particular plan is not required to participate in a wellness program, the maximum incentive is based on the total cost of the lowest cost self-only coverage under a major medical group health plan that the employer offers. Although the ADA and GINA rules use slightly different language in describing how to calculate permissible incentives, the differences are not legally consequential."
15.  EEOC Issues Proposed Rule on Application of the ADA to Employer Wellness Programs
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Apr. 16, 2015
"In addition to setting a limit on incentives, the NPRM, which includes interpretive guidance that will be published along with the final rule, requires that employers provide employees a notice that describes what medical information will be collected, with whom it will be shared, how it will be used, and how it will be kept confidential. The interpretive guidance also includes an extensive discussion of both legal requirements and best practices that ensure confidentiality of employee medical information."
16.  Supreme Court Ends AARP Challenge to EEOC's ADEA Exemption for Retiree Medical Benefits
Deloitte via BenefitsLink.com Link to more items from this source
Apr. 8, 2008
Excerpt: It has been a long time coming, but the U.S. Supreme Court finally has brought to an end the longrunning legal and political saga involving the ability of employers to coordinate their retiree medical plans with Medicare eligibility. Without elaboration or explanation, the Court on March 24, 2008 announced it would not review the AARP's challenge to an Age Discrimination in Employment Act (ADEA) exemption for such arrangements promulgated by the Equal Employment Opportunity Commission (EEOC). The EEOC's ADEA exemption took effect on December 26, 2007.
17.  Text of EEOC Amicus Brief in Supreme Court 'Reverse Age Discrimination' Case
Equal Employment Opportunity Commission [EEOC], via The ERISA Industry Committee [EEOC] Link to more items from this source
Sept. 9, 2003
General Dynamics Land Systems, Inc. v. Cline. Excerpt: Question Presented: Whether, in the absence of an affirmative defense, the Age Discrimination in Employment Act of 1967, 29 U.S.C. 623(a)(1), prohibits an employer from favoring older over younger workers when both are protected by the Act.
18.  EEOC Fact Sheet: GINA and Workplace Wellness Programs
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
May 16, 2016
"[A]n employer can offer a limited inducement to an employee whose spouse provides current or past health status information as part of a wellness program. Inducements may be financial or in-kind ... Employers may offer children the opportunity to participate in wellness programs, but may not offer inducements in exchange for current or past health status information about children.... [An] employer that offers health or genetic services and requests current or past health status information of an employee's spouse must obtain prior, knowing, written, and voluntary authorization from the spouse before the spouse completes a health risk assessment.... The provisions of this rule establishing inducement limits apply only prospectively to wellness programs as of the first day of the first plan year that begins on or after January 1, 2017, for the health plan used to determine the level of inducement permitted under the rule."
19.  Text of EEOC Press Release on $250 Million Settlement with CalPERS Disability Program
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
Jan. 31, 2003
Excerpt: The lawsuit, filed under the Age Discrimination In Employment Act of 1967 (ADEA), alleged that the officers suffered discrimination because their industrial disability retirement (IDR) benefits were reduced in proportion to their age at hire.... [The settlement] provides approximately $50 million to the state and local public safety officers for reduced IDR benefits in the past [and] $200 million (present value) to be paid out over the remainder of the officers' lifetimes.
20.  EEOC Announces Victory in ADEA Reduction-in-Force Case
U.S. Equal Employment Opportunity Commission [EEOC] Link to more items from this source
June 14, 2001
Excerpt: The suit, filed jointly with the Office of the Attorney General for the Commonwealth of Massachusetts, charged [Bull HN Information Systems, Inc. of Billerica, Mass.] with discriminating against older workers in connection with a series of reductions-in-force (RIFs) by requiring them to sign unlawful waivers of claims in violation of the Age Discrimination in Employment Act of 1967 (ADEA), as amended.
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