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HR Policy Association Comments to EEOC on Proposed Wellness Program Rule: 'EEOC Does Not Have the Statutory Authority'
HR Policy Association 
[Opinion] June 21, 2015
"Although the proposed rule would restrict the ability of employers to administer gated health care plans, the EEOC does not have the statutory authority under the ADA's insurance safe harbor provision to impose such restrictions ... The EEOC's blanket rejection of a key 11th Circuit decision involving the ADA's 'safe harbor' (Seff v. Broward County) is inappropriate, and the agency should recognize that some wellness plans may fall within that provision."
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