You’ve probably read or heard by now that in late December 2017, the D.C. Circuit Court of Appeal (D.C. Circuit) vacated the EEOC Americans with Disabilities Act (ADA), and Genetic Information Nondiscrimination Act (GINA) wellness incentive rules, effective January 1, 2019. This is true.
You may have also heard that this means the entire framework of wellness plans as we know them are now in question. This is an exaggeration.
We are going to examine the relevant parts of American Association of Retired Persons (AARP) v. the United States Equal Employment Opportunity Commission (EEOC), 1:16-CV-02113-JDB to help you sort fact from fiction and be better informed about what is coming in 2018 and 2019 regarding wellness plan incentive rules.