Last week, the federal government issued a final rule addressing this issue. The answer: Yes, employers can do that, as long as they meet certain non-discrimination criteria. Among them:
- The wellness program must be "reasonably designed to promote health or prevent disease,"
- must not be overly burdensome,
- and may not be "a subterfuge for discriminating based on a health factor."
Here’s a link to the rule where you'll find a lot more details, plus a link to an article that gives a good overview of the rule.