Removal of Final ADA Wellness Rule Vacated by Court

• Published date: 20 December 2018
• Record Number: 2018-27539
• Section: Rules and Regulations
• Court: Equal Employment Opportunity Commission

Federal Register, Volume 83 Issue 244 (Thursday, December 20, 2018)

[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
                [Rules and Regulations]
                [Page 65296]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2018-27539]
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                EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
                29 CFR Part 1630
                [EEOC-2018-0004]
                RIN 3046-AB01
                Removal of Final ADA Wellness Rule Vacated by Court
                AGENCY: Equal Employment Opportunity Commission.
                ACTION: Final rule.
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                SUMMARY: This final rule removes from the Code of Federal Regulations a
                section of the final rule published on May 17, 2016, entitled
                ``Regulations Under the Americans With Disabilities Act.'' This action
                responds to a decision of the U.S. District Court for the District of
                Columbia that vacated the incentive section of the ADA rule effective
                January 1, 2019.
                DATES: The action is effective on January 1, 2019.
                FOR FURTHER INFORMATION CONTACT: Christopher J. Kuczynski, (202) 663-
                4665 (voice), christopher.kuczynski@eeoc.gov; or Joyce Walker-Jones,
                (202) 663-7031 (voice); joyce.walker-jones@eeoc.gov; or (202) 663-7026
                (TTY).
                SUPPLEMENTARY INFORMATION: On May 17, 2016, the Equal Employment
                Opportunity Commission (EEOC) published a final rule entitled
                ``Regulations Under the Americans With Disabilities Act'' under the
                authority of Title I of the Americans with Disabilities Act (ADA), 42
                U.S.C. 12101-12117. 81 Federal Register 31126. The rule ``provide[d]
                guidance on the extent to which employers may use incentives to
                encourage employees to participate in wellness programs that ask them
                to respond to disability-related inquiries and/or undergo medical
                examinations.''
                 On October 24, 2016, AARP filed a complaint in the U.S. District
                Court for the District of Columbia challenging the incentive section of
                the ADA rule. On August 22, 2017, the District Court concluded that the
                Commission did not provide sufficient reasoning to justify the
                incentive limit adopted in the ADA rule and remanded the rule to the
                EEOC for reconsideration without vacating it. Following a motion by
                AARP to alter or amend the court's summary judgment order, the court
                issued an order vacating the incentive section of the rule, 29 CFR
                1630.14(d)(3), effective January 1, 2019. AARP v. EEOC, D.D.C., No. 16-
                2113 (D.D.C. December 20, 2017). Consistent with that decision, this
                rule removes the incentive section of the ADA regulations at 29 CFR
                1630.14(d)(3).
                 This rule is not subject to the requirement to provide public
                comment because it falls under the good cause exception at 5 U.S.C.
                553(b)(B). The good cause exception is satisfied when notice and
                comment is ``impracticable, unnecessary, or contrary to the public
                interest.'' Id. This rule is an administrative step that implements the
                court's order vacating the incentive section of the ADA rule.
                Additionally, because this rule implements a court order already in
                effect, the Commission has good cause to waive the 30-day effective
                date under 5 U.S.C. 553(d)(3).
                List of Subjects in 29 CFR Part 1630
                 Administrative practice and procedure, Equal employment
                opportunity.
                 For the reasons set forth in the preamble, under the authority of
                42 U.S.C. 12101-12117, the Commission amends chapter XIV of title 29 of
                the Code of Federal Regulations as follows:
                PART 1630--REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS
                OF THE AMERICANS WITH DISABILITIES ACT
                0
                1. The authority citation for part 1630 continues to read as follows:
                 Authority: 42 U.S.C. 12116 and 12205a of the Americans with
                Disabilities Act, as amended.
                Sec. 1630.14 [Amended]
                0
                2. Amend Sec. 1630.14 by removing and reserving paragraph (d)(3).
                 Dated: December 14, 2018.
                Victoria A. Lipnic,
                Acting Chair, U.S. Equal Employment Opportunity Commission.
                [FR Doc. 2018-27539 Filed 12-19-18; 8:45 am]
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