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No More Incentive Guidance for HRAs? An Update on the AARP v. EEOC Case

Posted by Barbara J. Zabawa | Feb 21, 2018 | 0 Comments

The EEOC outlined three possible options on how it might respond to the elimination of the incentive rules by the court in the AARP case. First, it may issue new rules. Second, it may decide against issuing new rules and leave the rules as they are, without the incentive safe harbor. Third, it might take a “wait-and-see” approach, choosing to study the issue further or await the resolution of potential appellate proceedings. AARP v. EEOC, 16-cv-2113, dkt. #56, at 7 (Jan. 18, 2018).

UPDATE: EEOC Asks Court in AARP Case to Relieve It from Re-Writing ADA and GINA Rules

Posted by Barbara J. Zabawa | Jan 18, 2018 | 0 Comments

On Tuesday, January 16, 2018, the EEOC asked the court to withdraw itself from the case, to close the case and, most importantly for this blog post, “remove any requirement that the EEOC file status reports or engage in any rulemaking on any schedule.” AARP v. EEOC, 16-cv-2113, dkt. #56 (Jan. 16, 2018). According to the EEOC’s court filing, the AARP does not oppose this request by EEOC.

Data Privacy and Workplace Wellness

Posted by Barbara J. Zabawa | Aug 16, 2017 | 0 Comments

You may have heard me say repeatedly that securing and maintaining the privacy of any employee health information wellness program professionals collect should be a priority. Employees care about the privacy of their information. Any doubt about a wellness program’s privacy and security capabilities can undermine an employee’s willingness to participate in the program.

Substance Abuse and Workplace Wellness

Posted by Barbara J. Zabawa | Jul 21, 2017 | 0 Comments

Because of the opioid epidemic, many workplace wellness programs may want to tackle substance abuse issues. This blog post addresses some of the legal issues associated with those efforts. Go to the blog post at

Congress Proposes Bill Eviscerating GINA and ADA Wellness Rules

Posted by Barbara J. Zabawa | Mar 14, 2017 | 0 Comments

The bill, HR 1313 and entitled “Preserving Employee Wellness Programs Act” acts to eviscerate much of the EEOC final Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA) rules released last May. In a nutshell, the proposed law would relieve workplace wellness programs from complying with ADA and GINA rules. Instead, both group health plan workplace wellness programs as well as workplace wellness programs not offered in conjunction with a group health plan would only have to worry about complying with certain ACA incentive rules.

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