Federal law requires that employers cannot ask workers questions about their health or disability status or genetic information except in limited circumstances, including through voluntary workplace wellness programs.
When these laws were first passed, regulations and guidance initially defined “voluntary” to mean a program that neither requires participation nor penalizes individuals for not participating. Those regulations were amended in 2016 to permit “voluntary” wellness programs with sizeable financial penalties for not participating. However, a federal judge later vacated (removed from the regulation) that incentive/penalty standard, and the Federal Equal Employment Opportunity Commission has not published any further regulations on this question.
Other standards that do apply to workplace wellness programs that collect personal health information include:
For more information about workplace wellness program rules, or to file a complaint, contact the Federal Equal Employment Opportunity Commission (EEOC) at https://www.eeoc.gov/contact/index.cfm