View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EEOC RIN: 3046-AB10 Publication ID: Fall 2018 
Title: Amendments to Regulations Under the Americans With Disabilities Act 
Abstract:

This rule amends the regulations to implement the equal employment provisions of the Americans with Disabilities Act (ADA) to address the interaction between title I of the ADA and wellness programs.  On August 22, 2017, the U.S. District Court for the District of Columbia ordered the EEOC to reconsider its regulations under the ADA related to incentives and employer-sponsored wellness plans.  See AARP v. EEOC, Civ. Action No. 16-2113 (D.D.C. Aug. 22, 2017).  In accordance with the court’s ruling, the EEOC will consider and take actions to cure defects in the rule.  The final rule was published on May 17, 2016, (81 FR 31125) and completed in the fall 2016 agenda as RIN 3046-AB01.  

 
Agency: Equal Employment Opportunity Commission(EEOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 29 CFR 1630   
Legal Authority: 42 U.S.C. 12101 et seq.   
Legal Deadline:  None

Statement of Need:

The revision to 29 CFR 1630.14(d) is needed in accordance with the District Court’s ruling noted above.

Summary of the Legal Basis:

The ADA requires the EEOC to issue regulations implementing title I of the Act. The EEOC initially issued regulations in 1991 on the law's requirements and prohibited practices with respect to employment and issued amended regulations in 2011 to conform to changes to the ADA made by the ADA Amendments Act of 2008.  The EEOC again issued regulations in May 2016 to address the interaction between title I of the ADA and wellness programs.  The U.S. District Court for the District of Columbia ordered the EEOC to reconsider these regulations in August 2017.  These new revisions are based on the court’s order, as well as the statutory requirement to issue regulations to implement title I of the ADA.

Alternatives:

The EEOC will consider all alternatives offered by the public commenters.

Anticipated Costs and Benefits:

Based on the information currently available, the Commission does not anticipate that the rule will impose additional costs on employers, beyond minimal costs to train human resource professionals. The regulation does not impose any new employer reporting or recordkeeping obligations. We anticipate that the changes will benefit entities covered by title I of the ADA by clarifying employers’ obligations under the ADA.

Risks:

The rule imposes no new or additional risks to employers. The rule does not address risks to public safety or the environment.

Timetable:
Action Date FR Cite
NPRM  06/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Related RINs: Previously reported as 3046-AB01 
Agency Contact:
Christopher Kuczynski
Assistant Legal Counsel, Office of Legal Counsel
Equal Employment Opportunity Commission
131 M Street NE,
Washington, DC 20507
Phone:202 663-4665
TDD Phone:202 663-7026
Fax:202 653-6034
Email: christopher.kuczynski@eeoc.gov

Joyce Walker-Jones
Senior Attorney Advisor, Office of Legal Counsel
Equal Employment Opportunity Commission
131 M Street NE,
Washington, DC 20507
Phone:202 663-7031
Fax:202 653-6034
Email: joyce.walker-jones@eeoc.gov