Genetic Non-Discrimination

Updates

ERIC Responds to Mercer Survey of Employer-Sponsored Plans

Today’s release of data from Mercer’s National Survey of Employer-Sponsored Health Plans, highlights the important role large employers’ play as plan sponsors… More

protected content EEOC Releases Regulations on Wellness Programs

Early this morning, the Equal Employment Opportunity Commission (EEOC) was kind enough to release their final regulations applying the Americans with Disabilities Act (ADA) and the Genetic Information Nondisclosure Act (GINA) to wellness programs. The ADA rule mostly applies directly to your employees, while the GINA rule is mostly focused on employee's family … More

The ERISA Industry Committee Responds to EEOC’s GINA Regulations

The ERISA Industry Committee (ERIC) welcomes the Equal Employment Opportunity Commission’s (EEOC) new proposed regulations on Title II of the Genetic Information Nondiscrimination Act… More

protected content EEOC Proposes Regulation on GINA

The EEOC proposed a regulation to permit wellness programs to incentivize spouses to participate without violating GINA… More

protected content EEOC to Mainstream Wellness Programs: Just Kidding! Sorta!

Today, after not such a long wait but a pretty intense period of concern, shall we say, the EEOC issued its proposed regulations on… More

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Court Rulings

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District Court Denies EEOC’s Request for Temporary Restraining Order and Injunction against Company Wellness Program

Today, the judge in the U.S. District Court in Minnesota denied EEOC’s request for a TRO/PI, finding that the Honeywell wellness program inflicted no “irreparable harm”. … More

protected content EEOC Leaps into the Wellness Fray AGAIN

The EEOC has double-downed on their rulemaking-through-lawsuit approach to wellness programs by suing Flambeau, Inc., for a similar violation of the ADA. … More

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Government Reports

DOL Posts Updated Health Benefits Coverage Compliance Guide on Website

The Department of Labor's Employee Benefits Security Administration has posted to its website an updated compliance assistance guide on health benefits coverage under federal law including updates for the Affordable Care Act and the mental health parity provisions. … More

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Judicial Documents

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District Court Denies EEOC’s Request for Temporary Restraining Order and Injunction against Company Wellness Program

Today, the judge in the U.S. District Court in Minnesota denied EEOC’s request for a TRO/PI, finding that the Honeywell wellness program inflicted no “irreparable harm”. … More

protected content EEOC Once Again Goes after Employer Wellness Plan; Files for Temporary Restraining Order

Yesterday the EEOC filed for a Temporary Restraining Order (TRO) and an Expedited Preliminary Injunction in the U.S. District Court of Minnesota, claiming that Honeywell’s wellness program violates both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). … More

protected content EEOC Leaps into the Wellness Fray AGAIN

The EEOC has double-downed on their rulemaking-through-lawsuit approach to wellness programs by suing Flambeau, Inc., for a similar violation of the ADA. … More

More Judicial Documents

Legislative Documents

protected content Senate and House Introduce Favorable Bills on Wellness

Eight House and Senate Republicans have introduced two identical bills to stop the EEOC from pursuing what the agency claims are violations of the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) by employer-based wellness programs. … More

More Legislative Documents

Press Releases

ERIC Responds to Mercer Survey of Employer-Sponsored Plans

Today’s release of data from Mercer’s National Survey of Employer-Sponsored Health Plans, highlights the important role large employers’ play as plan sponsors… More

The ERISA Industry Committee Responds to EEOC’s GINA Regulations

The ERISA Industry Committee (ERIC) welcomes the Equal Employment Opportunity Commission’s (EEOC) new proposed regulations on Title II of the Genetic Information Nondiscrimination Act… More

ERIC Outraged over Latest Wellness Suit Brought by EEOC

On Monday, the Equal Employment Opportunity Commission (EEOC) filed a memorandum in Federal District Court in Minnesota asking for a Temporary Restraining Order (TRO), alleging that wellness programs sponsored by Honeywell violated both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). “This is an outrageous development, and one that could potentially jeopardize not only the health of America’s workers, but also that of their spouses,” said Gretchen Young, ERIC Senior Vice President for Health Policy. … More

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Regulatory Documents

protected content HHS Advises that HIPAA Privacy Rules Apply to Legally Married Same-Sex Couples

The Department of Health and Human Services Office for Civil Rights released an update advising that the HIPAA privacy rules apply to legally valid same-sex married couples and their family members (including dependents), whether or not they live or receive services in a jurisdiction that recognizes their marriage.… More

protected content EEOC Semi-Annual Regulatory Agenda Indicates Agency Planning to Opine on Wellness

For some time now, we have been concerned that the EEOC will decide to flex its muscles on whether the Americans with Disabilities Act (ADA), which is under the agency’s jurisdiction, permits employers to offer rewards under their wellness programs. … More

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Testimony

protected content The Enduring Trials and Tribulations of Wellness Programs, Plus a New FocusOn Call

Yesterday the Equal Employment Opportunity Commission (EEOC), in response to several years of badgering by (and numerous meetings with) ERIC and our member companies, held a hearing to address “Wellness Programs under Federal Equal Employment Opportunity Laws.” … More

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