The EEOC has issued final rules removing the incentive provisions from the ADA (Americans with Disabilities Act) and GINA (Genetic Information Nondiscrimination Act) wellness regulations effective 1/1/19. As background, a federal trial court determined in 2017 that the EEOC had failed to justify its conclusions that a 30% incentive was a reasonable interpretation of voluntariness under the Americans with Disabilities Act (ADA) and that allowing incentives for providing a spouse’s medical history met the nondiscrimination requirements of the Genetic Information Nondiscrimination Act (GINA). The court initially sent the regulations back to the EEOC for reconsideration, asking the agency to timely issue new rules addressing the court’s concerns (see our article). But the EEOC responded that any substantively amended rules would not be applicable until 2021 (see our article), and the court then vacated the incentive provisions as of January 1, 2019. The EEOC has now removed the vacated provisions from the ADA and GINA wellness regulations.
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