The political maneuvering following the mid-term elections has begun. As discussed in a prior post (click here), the expectation of more Congressional "oversight" continues to become a reality. In a recent Senate hearing, the EEOC Commissioner and the EEOC General Counsel were roughed up a bit over the EEOC's recently filed wellness plan litigation. (Click here for Jason's prior article on the litigation) The clear message coming out of the Senate hearing was that the EEOC should think very carefully before engaging in the course of filing litigation against employers as it relates to wellness plans. One of the criticisms directed at the EEOC was the lack of ADA guidance as it relates to wellness plans. Look for this to get further attention as the new legislature convenes in 2015.