In a recent press release, the Equal Employment Opportunity Commission (EEOC) has offered supplemental resources to assist employers in complying with Americans with Disabilities Act (ADA) notice requirements associated with their use of employee wellness programs and collection of employee health information as part of the same. Specifically, the EEOC directs employers to its Sample Notice for Employer-Sponsored Wellness Programs and a Q&A discussion relating to such sample and required notice. These resources address how to comply with the employer’s obligations to inform employees what information will be collected, how it will be used, who will receive it and what will be done to keep it confidential. Any employer offering an employee wellness program should consider taking a look at the sample and question/answer documents to ensure its practices/notice complies with the same and as part of its ongoing effort to ensure obligations under the ADA/ADAAA are being fulfilled.
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