Aarp v. United States Equal Employment Opportunity Commission

AARP Wins Challenge to Workplace Wellness Program Rules

This case involved a challenge to federal regulations about workplace wellness programs. AARP sued the Equal Employment Opportunity Commission (EEOC) over new rules that allowed employers to offer financial incentives worth up to 30% of health insurance premiums to encourage workers to participate in wellness programs, including medical exams and health questionnaires.

AARP argued these incentives were so large they essentially forced employees to participate, violating laws that require such programs to be truly voluntary. The Americans with Disabilities Act and Genetic Information Nondiscrimination Act both specify that employee participation in wellness programs must be voluntary.

The court sided with AARP, ruling that the EEOC's regulations allowing 30% incentives violated the "voluntary" requirement of these federal laws. The judge found that such substantial financial penalties for non-participation made the programs coercive rather than truly optional.

This decision matters for workers because it protects their right to decline participation in employer wellness programs without facing significant financial penalties. Employees cannot be pressured into sharing personal health information or undergoing medical testing through large financial incentives that make participation feel mandatory rather than voluntary.