Comments on EEOC Wellness Program (Joint Trade Association)

We are pleased to submit these comments on behalf of the College and University Professional Association for Human Resources, the International Public Management Association for Human Resources, the National Public Employer Labor Relations Association, the Associated Builders and Contractors, the National Retail Federation, and the Retail Industry Leaders Association in response to the Equal Employment Opportunity Commission’s (EEOC’s or Commission’s) proposed amendments to the regulations implementing the Genetic Information Nondiscrimination Act of 2008 (GINA) as published in the Federal Register on October 30, 2015.1 The proposal addresses the extent to which GINA permits an employer to offer incentives in connection with a wellness program that utilizes a health risk assessment seeking current or past health status information of an employee’s spouse.