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

Most often, these numbers come from biometric screenings, healthassessments, or onsite screenings that are required or encouragedthrough the hired wellness program. Employers,in conjunction with the wellness program, may use these numbers todivide the employee population into risk categories—or simply todetermine whether an employee has reached a specific goal (oftenrewarded with a financial incentive). With the current EEOC rulesin place, how are employers supposed to gauge progress if they'redon't have access to employees' baseline health information?

Answer: Administer a strategically designed wellness programthat motivates employees withoutcollecting sensitive genetic information or health records. It'snot only a more effective way to engage employees, it's also thebest way for a wellness program (and the employer) to stay in theEEOC's good graces. Why spend valuable time and money trying todetermine whether your program is compliant, when it's possible tomaintain engagement without poking for personal information? Don'tthrow in the towel just because your access to baseline healthmeasures are limited. Here's how EEOC-approved wellness vendorsmake these “restrictions” work to their advantage.