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Wellness Programs Alive and Well?
Eversheds Sutherland Link to more items from this source
[Guidance Overview]
Apr. 23, 2015

"There are two things that the EEOC proposed rules do not do: [1] Address the extent to which an employer can condition a wellness reward on a family member's participation in a wellness program, which may run afoul of Title II of the Genetic Information Nondiscrimination Act (GINA).... [2] Discuss in any detail whether the statutory provision, which at least two courts have held provides the basis for permitting wellness programs under the ADA (i.e., the insurance safe harbor or exception, which among other things permits an employer to observe the terms of a bona fide employee benefit plan) provides an alternative means for wellness programs to comply with the ADA."

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