Here's a decent fly-over from an EEOC press release:
Limited financial and other incentives are permitted as part of voluntary wellness programs under the rule. However, employers may not require employees to participate in a wellness program; may not deny or limit their health coverage for non-participation; may not retaliate against or interfere with any employee who does not want to participate; and may not coerce, threaten, intimidate or harass anyone into participating.
Not Official Use.
Employees also must receive a notice describing what information will be collected as part of the wellness program, who will receive it, how it will be used, and how it will be kept confidential. If the wellness program provides the notice, the employer must still ensure that their employees receive it.Hmmm, "notice" you say? What might that look like? The EEOC is glad you asked!
- EEOC's Sample Notice for Employer-Sponsored Wellness Programs; and
- EEOC's Questions and Answers: Sample Notice for Employees Regarding Employer Wellness Programs.