The Obama Administration has touted the use of wellness programs through the Affordable Care Act (Obamacare) and regulations under the Health Insurance Portability and Accountability Act (“HIPAA”). But until recently, the Equal Employment Opportunity Commission (“EEOC”) seemed at odds with this policy goal, even bringing lawsuits against employers for health plans that the EEOC saw as “involuntary” because of incentives that those employers provided to employees participating in the programs, which the EEOC characterized as penalties against non-participating employees. In May 2016, the EEOC adopted a more conciliatory stance, when it published its final regulations on wellness programs sponsored by employers. The new regulations finally offered some clarity on what the EEOC sees as “voluntary” and “involuntary,” and provide some bright-line rules in place of the ambiguity reflected in the EEOC’s prior enforcement actions under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). Unfortunately, the rules still limit the benefit for both employers and employees that the HIPAA and Obamacare regulations intended to provide.