Should we exempt employee wellness programs from limitations prescribed by certain non-discrimination laws?

Health
Preserving Employee Wellness Programs Act (H.R. 1313)
Awaiting Vote
Bill Summary

This bill exempts workplace wellness programs from limitations under the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the prohibitions on collecting genetic information with respect to issuing health insurance. Sponsor: Rep. Foxx, Virginia [R-NC-5].
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Opponents say

·     This bill will have catastrophic implications for individual privacy: it allows employers to financially penalize employees who do not reveal their health information by removing two foundational privacy laws: Americans with Disabilities Act and Genetic Information Nondiscrimination Act.
·     This bill allows workplace wellness programs to discriminate based on health by extending the ADA’s “safe harbor” for insurance underwriting to include them, although the EEOC explicitly advises against this.

Proponents say

·     This bill protects the ability of workers and their families to continue to participate voluntarily in employee wellness programs, which help promote a healthy workforce and control health care costs for families.
·    Wellness programs do not force employees to submit to genetic testing as they are completely voluntary, and discrimination based on genetic information remains illegal under this law.
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