The EEOC is trying to keep employers from using the incentives to discriminate against protected classes of workers, such as workers who qualify for protection under the Americans with Disabilities Act, who may not be able to take advantage of certain incentives.
Now, according to a report in HRMorning, the commission is reexamining both incentives and health assessment forms for possible discriminatory elements.
The EEOC included action on the incentives in its latest agenda for upcoming regulatory actions. The EEOC also is looking at wellness program health assessments for any evidence of violations of the Genetic Information Nondiscrimination Act (GINA).
“Based on the EEOC’s vague description of the rulemaking process, it’s hard to say which form the regulations will take,” according to HRMorning.
The new rules may appear sometime this summer, according to the commission.