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Statements and Testimony at May 8 EEOC Meeting on Wellness Programs Under Federal Equal Employment Opportunity Laws

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."

Text of EEOC Proposed Rule: Amendments to Regs Under the Americans with Disabilities Act

"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 [Link is to archived copy; proposed regs withdrawn by EEOC Feb. 12, 2021]

EEOC to Explore Wellness Programs at Open Session on May 8

"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."

Final EEOC Regs on Retiree Health Benefits Under the Age Discrimination in Employment Act (ADEA) (PDF)

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.

EEOC: Employer Wellness Programs Need Guidance to Avoid Discrimination

"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."

New 'Digest of EEO Law' Issued by EEOC

"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)."

Understanding Waivers of Discrimination Claims in Employee Severance Agreements

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.

Text of EEOC FAQs: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

"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.]

Why ADEA Coverage Begins at Age 40

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."

Text of EEOC Extension of Comment Period on Proposed Regs for GINA and Employer Wellness Programs

"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."