As employers implement more aggressive and creative measures to lower health costs through wellness programs, there has been increased scrutiny as to whether such programs run afoul of federal anti-discrimination laws. During a public meeting on May 8, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) heard testimony from a panel of witnesses representing business and employee advocates and providers regarding the importance of developing guidance under such laws as the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The panel also discussed the interplay between employer wellness programs and healthcare laws, such as the Health Insurance and Portability and Accountability Act (HIPAA) and the Affordable Care Act (ACA). The EEOC meeting was just the beginning of its analysis of employer wellness programs and formal guidance from the EEOC is not expected for some time. Employers nevertheless must now navigate the area carefully as there are increasing challenges in the courts concerning the interplay between wellness programs and these statutes.