Incentives for healthybehavior have become a critical tool for employers to addressrising health care costs. Accordingto a 2015 study from the National Business Group on Health andFidelity Benefits, jumbo employers spent an average of $878 peremployee on heath incentives, an increase from $717 per employee in2014.

The Patient Protection and Affordable Care Act provision thatincreased the amount of allowable incentives from 30 percent (andin the case of 50 percent in the case of smoking cessation) ofannual premium was welcomed by employers and opened the door togreater creativity in the use of incentives. The EqualOpportunity Employment Commission (EEOC) saw thingsdifferently.

The EEOC has a long-standing tradition of championing the rightsof employees and ensuring that employers don’t discriminate basedon race, color, religion, sex and other related standards. Theseefforts are an important part of the balance of theemployer-employee relationship for U.S. employers.

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