On Friday, October 30, the Equal Employment Opportunity Commission (EEOC) proposed new regulations aimed at ensuring employer wellness programs comport with Title II of the Genetic Information Nondiscrimination Act (GINA). The popularity of such wellness programs has increased in recent years, with more than 88 percent of employers with 500 or more employees offering them. Of those, 42 percent offer employee incentives to undergo biometric screening, and 23 percent tie incentives to actual results, such as reaching or making progress toward blood pressure or BMI targets. GINA prohibits the use of genetic information in making employment decisions and restricts employers’ ability to request, require, or purchase genetic information. Over the past two years, the EEOC has actively sought to penalize employers who implement involuntary or health-contingent wellness programs — and has gone so far as to initiate litigation against employers it perceives to be penalizing employees who do not take part in the programs.