EEOC Wellness Regs Ironically Join The Walking Dead
By Frank Morris Jr. ( August 25, 2017, 1:06 PM EDT) -- Regulations issued by the U.S. Equal Employment Opportunity Commission defining what incentives an employer may use to promote participation in a wellness program without running afoul of the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act have just been sent back to the drawing board by the U.S. District Court for the District of Columbia. AARP v. U.S. Equal Employment Opportunity Commission, No. 1:16-cv-02113-JDB (D.D.C. Aug. 22, 2017). This resulted from an AARP legal challenge to the EEOC's wellness regulations, which were promulgated in May 2016, took effect in July 2016, and became "applicable" on Jan. 1, 2017. The AARP's suit contended that the EEOC's wellness regulations are arbitrary and capricious in violation of the Administrative Procedure Act (APA) as to the incentives deemed permissible....
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