[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), <a href="/cdn-cgi/l/email-protection#b7d4dfc5dec4c3d8c7dfd2c599dcc2d4cdced9c4dcdef7d2d2d8d499d0d8c1"><span class="__cf_email__" data-cfemail="1c7f746e756f68736c74796e3277697f6665726f77755c7979737f327b736a">[email protected]</span></a>; or Joyce Walker-Jones, 
(202) 663-7031 (voice); <a href="/cdn-cgi/l/email-protection#791316001a1c570e1815121c0b541316171c0a391c1c161a571e160f"><span class="__cf_email__" data-cfemail="402a2f3923256e37212c2b25326d2a2f2e25330025252f236e272f36">[email protected]</span></a>; 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]
 BILLING CODE 6570-01-P


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