In August 2017, the United States District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission (EEOC) failed to provide a reasoned explanation for its decision to adopt 30 percent incentive levels for employer-sponsored wellness programs under both the Americans with Disabilities Act (ADA) rules and Genetic Information Nondiscrimination Act (GINA) rules.

In January 2018, the EEOC asked the court to reconsider the portion of the court’s order that required the EEOC to promulgate new proposed rules by August 31, 2018.

UBA has published a short Compliance Advisor on the impact of the rulings on employer wellness plans. The co-branded email and the Microsoft Word version can be downloaded from AdEase. Log in to AdEase from the Wisdom Network, then select Compliance > All Compliance – By Date to download.

Questions? Contact Danielle Capilla at or Karen Hsu at If you need help with AdEase, contact Meg Cipar at