Working Well(ness): The Impact of the ADA Final Rule on Wellness Program Regulation and a Proposal for a Zero-Incentive Rule

The Equal Employment Opportunity Commission (EEOC) recently amended wellness program regulation under 29 C.F.R. § 1630.14 of the Americans with Disabilities Act (ADA). Amidst criticism of the new rule, this article proposes the EEOC return to a zero-incentive policy for voluntary wellness programs that include disability-related inquiries or medical examinations. First, it reviews existing literature on wellness programs and the ADA, highlighting the legal and ethical challenges facing American workers with disabilities. Then, it explores the latest case law, illustrating the effects of the new rule compared to the proposal. By eliminating the thirty percent incentive limit and redefining “voluntary” to disallow all financial incentives and penalties, the EEOC would best realize the ADA’s goal to protect workers from harmful cost shifting and from being compelled to give employers disability-related information that could lead to workplace discrimination