New EEOC Regulations Greatly Weaken Healthcare Privacy, Potentially Harmful Medically, and Trigger Heavy Financial Penalties on Employees and Families
Summary
“The Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act of 2008 (GINA) provided clear protections to Americans who chose not to disclose their healthcare information to their employers, however new EEOC regulations will force people to be unfairly targeted and financially penalized for exercising their rights to privacy, or complying with their doctor’s orders when they are counter to a wellness program requirement.” Many of the penalties in wellness programs are aimed at reducing the weight of employees, which is problematic.While they serve to clarify the application of federal anti-discrimination laws to workplace wellness programs, the new EEOC regulations weaken the clear and strong protections provided under ADA and GINA.Both ADA and GINA contain strong prohibitions against requiring or coercing employees to turn over their medical, disability and genetic information, because it often leads to discrimination on the job or in the provision of health insurance.“The Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act of 2008 (GINA) provided clear protections to Americans who chose not to disclose their healthcare information to their employers, however new EEOC regulations will force people to be unfairly targeted and financially penalized for exercising their rights to privacy, or complying with their doctor’s orders when they are counter to a wellness program requirement.”Many of the penalties in wellness programs are aimed at reducing the weight of employees, which is problematic.This is not voluntary.These new EEOC rules open the door for:• Increased risk of job discrimination;• Increased risk of insurance discrimination based on health status, which the ACA was supposed to eliminate;• Widespread data-mining – collecting, compiling and selling personal medical information and that of one’s family;• Reluctance to get genetic testing or treatment for fear the information will make its way to an individual’s employer; and• Greatly increased costs for health insurance, as the price individuals pay to protect their medical information.Additional resources• Health Enhancement Research Organization (HERO) et al. consensus statement, 4/25/16: hero-health.org/wp-content/uploads/2016/04/NR_EEOC-consensus-statement_FINAL_042516.pdf• U.S. Chamber of Commerce report, Winning With Wellness, 2016: www.uschamber.com/sites/default/files/022436_labr_wellness_report_opt.pdfAboutThe Binge Eating Disorder Association (BEDA) is a national non-profit organization that provides leadership in the recognition, prevention, and treatment of Binge Eating Disorder (BED) and associated weight stigma.