The U.S. Equal Employment Opportunity Commission told a federaljudge Tuesday it may take a “wait and see” approach to forming newcorporate “wellness rules” and that the court does nothave the power to force the agency to comply with any deadline, ordirect the agency to adopt any new rules in the first place.

The AARP successfully challenged theEEOC’s set of rules that set out guidelines for programsthat companies create to give financial or other incentives to employees toembrace healthy lifestyles. Employer wellness programs in manyinstances require employees to reveal personal health information.

In sending the case back to the agency, U.S. District Judge JohnBates set deadlines for action. The EEOC, represented in court bythe U.S. Department of Justice, on Tuesday argued against thetimeline Bates issued. The Justice Department urged Bates toreconsider the timeline—and let the agency itself craft the nextsteps.

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