EEOC Publishes Sample Notice for Employers with Wellness Programs

Last week, the Equal Employment Opportunity Commission posted a sample notice to assist employers with wellness programs in complying with their Americans with Disabilities Act obligations under recent regulatory changes. The preamble to the notice states, “New rules published on May 17, 2016, under the Americans with Disabilities Act (ADA) require employers that offer wellness programs that collect employee health information to provide a notice to employees informing them what information will be collected, how it will be used, who will receive it, and what will be done to keep it confidential. The EEOC has published the sample notice below to help employers comply with the ADA.”

Employers must give this notice to employees on the first day of a covered health plan year that begins on or after January 1, 2017.

Members may access the sample notice here and read questions and answers here.