On Feb. 12, 2021, the Equal Employment Opportunity Commission (EEOC) withdrew two proposed rules it previously issued in January 2021, on wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).

The proposed rules would have generally allowed only de minimis incentives to be offered for wellness program participation. Exceptions allowing larger incentives would have applied to health-contingent wellness programs that are part of, or qualify as, group health plans under the ADA rules.

These proposed rules were withdrawn because they were not published by Jan. 20, 2021, the time of President Joe Biden’s inauguration. Upon inauguration, the president issued a memorandum requiring all agencies to immediately withdraw any proposed rules that had not yet been published.

As a result, the next steps for these proposed rules are currently under consideration by the EEOC. This means that significant confusion remains for employers regarding what incentives, if any, they may offer employees.

Proposed Rules on Wellness Program Incentives Withdrawn