by VigilantEditor
3. October 2011 13:10
In a recently issued informal discussion letter, the
federal Equal Employment Opportunity Commission (EEOC) reiterated that the
federal Genetic Information and Nondiscrimination Act (GINA) prohibits
employers from using financial incentives to induce employees to provide
genetic information as part of a wellness program. However, if an employee
voluntarily provides genetic information indicating that he or she may have an
increased risk of developing a health condition in the future, the information
may be used to direct that employee into an appropriate disease management
program (ADA
& GINA: Incentives for Workplace Wellness Programs, June 24, 2011).
And, if that disease management program offers financial incentives for
participation, or for achieving certain outcomes, the EEOC reminds employers
that the program must also be open to employees who currently have that health
condition, or whose lifestyle choices put them at increased risk of developing
the condition. The EEOC’s GINA regulations provide this example of a
wellness incentive that complies with GINA: “Employees who voluntarily disclose
a family medical history of diabetes, heart disease, or high blood pressure on
a health risk assessment [that otherwise meets the requirements of GINA] and
employees who have a current diagnosis of one or more of these conditions are
offered $150 to participate in a wellness program designed to encourage weight
loss and a healthy lifestyle.” For more information on the legal issues
surrounding wellness programs, see Vigilant’s Legal Guide, “Workplace Wellness
Programs” (4417).
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