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AARP Sues EEOC to Block New ADA Wellness Regs: What's an Employer to Do?
Lockton
Oct. 28, 2016
"Before you think the AARP is taking the employer's side here, and is complaining that the rules are unduly burdensome to employers, think again. According to AARP, the EEOC's 30 percent threshold is too high. In fact, so high that employee participation in these programs is not 'voluntary.' According to AARP, the EEOC wellness rules 'enable employers to pressure employees to divulge their own confidential health information and the confidential genetic information of their spouses as part of an employee "wellness" program.' As such, the AARP argues the EEOC rules also violate federal laws governing protection of confidential medical information." [AARP v. EEOC, No. 16-02113 (D.D.C., complaint filed Oct. 24, 2016)]
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