Two Joint Resolutions Would Invalidate Recently Finalized EEOC Wellness Rules

By Carrie Alexander

Lawmakers have introduced two joint resolutions that, if passed, would invalidate the recently finalized EEOC wellness rules. Filed under the Congressional Review Act, the resolutions would be binding if:

Passed by a simple majority in the Senate and House within 60 legislative days of the rule's publication, and
Signed by President Obama

If the resolutions pass the Senate and House, President Obama would likely veto them. The resolutions would then need significant bipartisan majorities, which is unlikely, to override the veto.

Therefore, we don’t anticipate the EEOC wellness rules will be nullified. Employers should proceed with steps to comply with the EEOC guidelines, such as monitoring incentives to meet ADA and GINA limits and issuing the required notice.

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Please contact Carrie Alexander or Jason Rothman, J.D. with questions.