There has long been a conflict on wellness programs between the Equal Employment Opportunity Commission and the provisions of the Affordable Care Act – with employers caught in the crossfire. It would appear that at long last, EEOC has clarified the provisions as relates the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Even though an employer-wellness program may have been in compliance with the provisions of the ACA, the EEOC guidelines for the Americans with Disabilities Act often put them out of compliance. EEOC regulations prohibited employers from making “disability-related inquiries” even though the ACA allowed inquiries in ‘voluntary’ programs. It’s now been clarified that effective in 2017, those inquiries are permissible when they are part of a voluntary wellness program. Further, voluntary wellness programs have been clarified as well, so hopefully employers will not face a “damned if you do, damned if you don’t” scenario in the New Year!