AARP Sues EEOC Over Wellness Program Incentives

On October 24, 2016, AARP sued the Equal Employment Opportunity Commission (EEOC) in a health privacy complaint about new federal rules for employer-sponsored wellness programs. The rules allow employers to operate wellness programs that ask employees about their confidential medical and genetic information. Further, the rules allow employers to offer participation incentives, such as a reduction in the employee share of health insurance premium costs. Employers are not required to offer any discount on premium cost to employees who opt not to reveal their confidential health information.

The EEOC released the rules for wellness programs in May 2016. The . . .