In an Informal Discussion Letter issued earlier this year, the EEOC indicated that employers who provide incentive-based wellness programs may have to provide reasonable accommodations to employees under the Americans with Disabilities Act in certain circumstances.

If, for example, a wellness program is voluntary and requires participants to meet certain health outcomes or to engage in certain activities in order to participate or earn rewards, the employer may be required to provide a reasonable accommodation to those employees who cannot meet those outcomes or engage in a specific activity due to a disability. Read more.