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Given concerns over rising health care costs and missed workdays by employees suffering from various illnesses, many employers have implemented employee wellness programs and activities to promote healthier lifestyles or to prevent disease with the expectation that such programs will reduce healthcare costs. 1 However, these programs must be appropriately designed so as not to run afoul of existing anti-discrimination laws, including laws prohibiting discrimination based on disability or genetic information, among others.
ON MAY 16, 2016, THE U.S. EQUAL EMPLOYMENT Opportunity Commission (EEOC) took a big step forward by providing guidance on how wellness programs should be fashioned to comply with the requirements of the Americans with Disabilities Act (ADA) and the Genetic...