In October 2016, the American Association of Retired Persons (AARP) sued the US Equal Employment Opportunity Commission (EEOC) in the US District Court for the District of Columbia seeking an injunction against the latest iteration of wellness program regulations. The final EEOC regulations issued last year offer employers a roadmap for offering employee wellness programs that pass muster as “voluntary” examinations under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act of 2008 (GINA). In response, AARP argued that the EEOC failed to adequately justify the new rules and abused its regulatory power by reversing course on its long-standing position against wellness programs.
Court to the Equal Employment Opportunity Commission: “Try Again” on Wellness Rules
By Anthony A. Bongiorno and Megan Mardy on August 29, 2017
Tags: AARP, ADA, American Association of Retired Persons, Americans with Disabilities Act, EEOC, employer-sponsored wellness programs, Genetic Information Nondiscrimination Act of 2008, GINA, Health Insurance Portability and Accountability Act of 1996, HIPAA, US District Court for the District of Columbia, US Equal Employment Opportunity Commission, wellness program
Anthony A. BongiornoAnthony (Tony) A. Bongiorno has extensive jury trial experience in a variety of commercial matters and serves as the partner-in-charge of the Firm’s Boston office. Tony has successfully tried cases in various federal and state courts around the country. In addition to his significant jury trial experience, Tony has also tried matters under the auspices of the American Arbitration Association, the International Centre for Dispute Resolution and the International Chamber of Commerce. Tony has represented clients in many industries, including energy, health care, biotech and construction. Read Anthony A. Bongiorno's full bio.
Megan MardyMegan Mardy advises companies on a wide variety of health and welfare and retirement benefits issues. She has extensive experience with the Affordable Care Act, the Health Insurance Portability and Accountability Act (HIPAA), Consolidated Omnibus Budget Reconciliation Act (COBRA), the Internal Revenue Code and other federal laws affecting group health and retirement plans. Read Megan Mardy's full bio.
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