EEOC opens the door to employer-sponsored wellness programs, by Mindy (Willman) Muller

By Mindy (Willman) Muller
Published in the Idaho Business Review, May 15, 2015

wilman_mindy_7373Wellness programs are a new trend in the workplace thanks to a provision in the Affordable Care Act that encourages employers to implement these programs.  However, not all employers have been quick to jump on board, due in part to a lack of regulatory guidance and some pushback from the Equal Employment Opportunity Commission (EEOC).  In the past year, the EEOC filed lawsuits against three employers, alleging that their wellness programs violated the Americans with Disabilities Act (ADA).  It was unclear from these lawsuits whether the EEOC would approve wellness programs.

Now, for the first time since the Affordable Care Act went into effect, the EEOC has proposed new rules to reconcile the Affordable Care Act’s provisions for wellness programs……..Comments on the proposed rules must be received by the EEOC on or before June 19, 2015.  Follow this link:!documentDetail;D=EEOC-2015-0006-0001 to comment.

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Mindy (Willman) Muller is an attorney in the Boise offices of the law firm Moffatt Thomas.  Her practice focuses on commercial litigation, insurance defense, healthcare law and employment law.  Mindy can be reached at 208.345.200 or via email,  More information about Moffatt Thomas is available online at