Chicago partner Sarah Millar was quoted in an article on the Society for Human Resource Management website titled “EEOC Ordered to Reconsider Wellness Rules.” The U.S. District Court for the District of Columbia recently ruled that that the Equal Employment Opportunity Commission (EEOC)'s rules regarding the fees employers can assess workers who do not participate in wellness programs were arbitrary.
Sarah stated that the district court’s decision did not vacate the EEOC regulations, noting that doing so would likely have significant disruptive consequences. Instead, the court sent the rules back to the EEOC for redrafting. "In the absence of other guidance, it would be prudent for employers to take steps to ensure compliance with the final ADA and GINA regulations in their current form," Sarah said.
The decision leaves uncertainty regarding employer wellness programs, as it is unclear what the EEOC will do next or when.