The U.S. Equal Employment Opportunity Commission (EEOC) is cracking down on employers who encourage, require, or incentivize their employees to provide private health information as a requirement for participation in the employer-sponsored wellness program. The EEOC’s mission is to keep employers from having access to information that may lead to bias when it comes to hiring decisions (e.g., hiring, firing, promotions, or raises).

Most often, these numbers come from biometric screenings, health assessments, or onsite screenings that are required or encouraged through the hired wellness program. Employers, in conjunction with the wellness program, may use these numbers to divide the employee population into risk categories—or simply to determine whether an employee has reached a specific goal (often rewarded with a financial incentive). With the current EEOC rules in place, how are employers supposed to gauge progress if they’re don’t have access to employees’ baseline health information?

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