Since 2016, employers offering wellness programs had to face two problems like ACA and ADA and the GINA on the other hand. The ACA governs the wellness programs offered with a group health plan while ADA and GINA cover voluntary wellness program.

EEOC has flexed its muscle by bringing legal actions to enforce the ADA against employers who sponsor certain wellness programs. From suing an employee to requiring an employee to pay all insurance premiums and firing the employee to skip HRA.