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EEOC Proposed Rule on Wellness and the ADA: What Employers Need to Know
Constangy, Brooks, Smith & Prophete, LLPLink to more items from this source
[Guidance Overview]
Apr. 30, 2015

"The EEOC explained that it did not include the 50 percent incentive for tobacco programs because ... most of those programs do not seek employee medical information at all. If not, there would be no ADA issue. But if a tobacco program does seek such information (for example, through testing for nicotine, or monitoring blood pressure), then the tobacco program would have to be included in computing the 30-percent limit for incentives.... The EEOC has explicitly disagreed with a wellness/ADA decision from the U.S. Court of Appeals for the Eleventh Circuit, Seff v. Broward County.... Because the program fell within the safe harbor, the court said, it was irrelevant whether the program was 'voluntary' or whether medical inquiries made in connection with the program violated the ADA. The EEOC's position is that this 'safe harbor' provision in the ADA does not apply to wellness programs."

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