The EEOC has filed multiple lawsuits against employers concerning their wellness programs.  The EEOC has also sought a temporary restraining order against Honeywell International concerning their wellness programs.  The Equal Employment Opportunity Commission has faced a significant amount of push back from many U.S. companies, their CEOs and other organizations.

The EEOC recently announced that it plans to issue proposed regulations (scheduled for February 2015) that would “promot[e] consistency between the ADA and HIPAA, as amended by the ACA,” and “clarify[] that employers who offer wellness programs are free to adopt a certain type of inducement without violating GINA” are welcomed news. Employers will have to see what the proposed regulations say, of course, and it is unlikely that these proposed regulations will address all of the uncertainties employers face concerning wellness programs.  You can read about the proposed rule here:  http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201410&RIN=3046-AB01