During a U.S. Senate meeting January 29, 2015, Senators chastised the EEOC for its unclear and inconsistent actions recently taken on employer-sponsored wellness programs.  This year, the EEOC has filed suit against Honeywell, Orion Energy Systems, and Flambeau Inc., claiming violations of the ADA and GINA.  This conflicts with messages from the Government and within the Affordable Care Act that allow employers new freedom to design wellness programs to improve employee health.

Testimony from employers and disability organizations expressed their concerns.  Organizations advocating on behalf of individuals with disabilities were concerned these wellness programs would discriminate against individuals with disabilities while employer see wellness programs as a valuable tool to controlling healthcare costs. All parties encouraged the EEOC to issue guidance in 2015.