Wellness programs

AARP v. EEOC, AARP v. Yale, and the bulletin about demonstration projects

THE AARP WELLNESS CASE AGAINST THE EEOC

AARP v. U.S. EEOC, No. 1:16-cv-2113 (D. D.C.)

Complaint (October 24, 2016)

4885656-0–22338

Sealed motion for preliminary injunction (October 24, 2016)

[Not available]

Opposition to motion for preliminary injunction (November 14, 2016)

4907805-0–25365

U.S. Chamber of Commerce amicus (November 21, 2016)

4917639-0–26476

AARP reply supporting preliminary injunction (November 22, 2016)

4917062-0–27961

Order directing AARP to submit information about standing (December 7, 2016)

4929909-0–30663

AARP supplemental materials re standing (December 12, 2016)

merged_57370_-1-1569948522

Memorandum opinion denying preliminary injunction (December 29, 2016)

aarpeeoc

US motion to dismiss/motion for summary judgment (March 1, 2017)

merged_75408_-1-1569948719

AARP opposition/cross-motion for summary judgment (April 28, 2017)

merged_60459_-1-1569948812

US reply/opposition (May 30, 2017)

5105550-0–8013

AARP reply (June 13, 2017)

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Memorandum Opinion (August 22, 2017)

Order (August 22, 2017)

AARP motion to alter or amend judgment (August 30, 2017)

EEOC opposition (Sept. 11, 2017)

EEOC status report (Sept. 21, 2017)

AARP reply (Sept. 28, 2017)

Opinion invalidating regulation, 1/1/19 (Dec. 20, 2017)

Order (Dec. 20, 2017)

AARP wellness revised order 5334177-0–24202

Unopposed motion for partial reconsideration (Jan. 16, 2018)

Order partly granting and partly denying reconsideration (Jan. 18, 2018)

Status report (March 30, 2018)

Not filed in court: two Federal Register notices withdrawing the rules [83 Fed. Reg. 65296 (Dec. 20, 2018):

2018-27539

2018-27538

EEOC’s proposals, initially released January 7, 2021

Press release: https://www.eeoc.gov/newsroom/eeoc-provides-proposed-wellness-rules-review

Cover memo: https://www.eeoc.gov/regulations/wellness-rulemaking

ADA: https://www.eeoc.gov/regulations/proposed-rule-amendments-regulations-under-americans-disabilities-act

Genetic Information Nondiscrimination Act: https://www.eeoc.gov/regulations/proposed-rule-amendments-regulations-under-genetic-information-nondiscrimination-act

EEOC withdrawal, February 2021

EEOC withdrawal 2 21

THE AARP WELLNESS CASE AGAINST YALE

Kwesell v. Yale University, No. 3:19-cv-1098 (D. Conn.)

Complaint, July 16, 2019

5914418-0–28032

Joint motion for extension of time, September 27, 2019

6001415-0–29014

September 30 ORDER granting 29 Joint MOTION to Modify Deadlines. The Plaintiffs’ amended complaint is due by October 18, 2019. The Defendant’s response to the amended complaint is due by November 15, 2019. Signed by Judge Kari A. Dooley on 9/30/2019. (Beyerlein, Alexis) (Entered: 09/30/2019)

Amended complaint, October 17, 2019

6027533-0–9463-1

Answer, November 15, 2019

6066299-0–27597

Yale motion to stay, November 26, 2019

Yale motion to stay

12/02/2019 40 Minute Entry. Proceedings held before Judge Kari A. Dooley: denying 38 Motion to Stay; In court 16(b)Scheduling Conference held on 12/2/2019; Motion Hearing held on 12/2/2019 re 38 MOTION to Stay Proceedings filed by Yale University. Total Time: 44 minutes(Court Reporter Tracy Gow.) (Gould, K.) (Entered: 12/04/2019)

Scheduling order, January 22, 2020

6136646-0–6546

Plaintiffs’ motion for summary judgment, statement of material facts, memorandum in support, declarations, March 2, 2020

6186108-0–18213

6186108-1–18243

6186108-2–18285

[Declarations]

6186108-4–22076

6186108-5–22144

6186108-6–22173

6186108-7–22260

6186108-8–22295

6186108-9–22352

6186108-10–22508

6186108-11–22532

6186108-12–22553

6186108-13–22584

Stipulation re premiums, March 3, 2020

6188214-0–11469

Defendant’s opposition, motion to dismiss and motion for summary judgment, with memo and supporting documents, April 29, 2020

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Plaintiffs’ reply supporting summary judgment/opposition to cross-motion, with statement of material facts and exhibits, June 5, 2020

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Yale reply supporting cross-motion, July 3, 2020

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02/01/2021 61 Order. The parties shall appear on March 1, 2021 at 10:00AM for a hearing on ECF Nos. 44 and 54 , Cross Motions for Summary Judgment. A calendar entry with the details for this hearing will be separately docketed. Signed by Judge Kari A. Dooley on 2/1/2021. (Banker, Joshua) (Entered: 02/01/2021)

Joint motion to cancel oral argument pending settlement negotiations, February 23, 2021

6580651-0–66049

02/24/2021 64 ORDER granting 63 Joint Motion for Postponement of Oral Arguments. The oral arguments scheduled for March 1, 2021 are postponed until further notice. On or before April 1, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 2/24/2021. (Banker, Joshua) (Entered: 02/24/2021)

Joint status report, April 1, 2021

6625586-0–109076

04/02/2021 66 ORDER. The Court has reviewed the Parties’ Joint Status Report, ECF No. 65 . On or before May 15, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 4/2/2021. (Banker, Joshua) (Entered: 04/02/2021)

Joint status report, May 17, 2021

6679047-0–125896

05/18/2021 68 ORDER. The Court has reviewed the Parties’ Joint Status Report, ECF No. 67 . On or before June 2, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 5/18/2021. (Banker, Joshua) (Entered: 05/18/2021)

Joint status report, June 1, 2021

6695701-0–117900

06/02/2021 70 ORDER. The Court has reviewed the Parties’ Joint Status Report, ECF No. 69 . On or before September 8, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 6/2/2021. (Banker, Joshua) (Entered: 06/02/2021)

Joint status report, September 7, 2021

6800231-0–109131

09/17/2021 72 ORDER. The Court has reviewed the Parties’ Joint Status Report, ECF No. 71 . On or before September 22, 2021, the parties shall file a Joint Status Report concerning both their settlement discussions and any need for a new oral argument date. Signed by Judge Kari A. Dooley on 9/17/2021. (Banker, Joshua) (Entered: 09/17/2021)

Joint status report, September 22, 2021

6818014-0–126802-1

09/23/2021 74 ORDER. The Court has reviewed the parties’ Joint Status Report at ECF No. 73 and is aware that the parties have reached a settlement in principle. On or before November 22, 2021, the parties shall file a motion for preliminary approval of the settlement, or, if additional time is necessary to finalize the settlement agreement, a joint status report indicating as much. Signed by Judge Kari A. Dooley on 9/23/2021. (Banker, Joshua) (Entered: 09/23/2021)

Joint status report, November 22, 2021

Kwesell joint status 11 22 21

11/22/2021 76 ORDER. The Court has reviewed the parties’ Joint Status Report at ECF No. 75 . On or before January 21, 2022, the parties shall file a motion for preliminary approval of the settlement, or, if additional time is necessary to finalize the settlement agreement, a joint status report indicating as much. Signed by Judge Kari A. Dooley on 11/22/2021. (Banker, Joshua) (Entered: 11/22/2021)

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01/20/2022 81 ORDER AMENDING ORDER, ECF No. 80. The Court has reviewed the parties’ Joint Status Report at ECF No. 79 . On or before February 18, 2022, the parties shall file a motion for preliminary approval of the settlement, or, if additional time is necessary to finalize the settlement agreement, a joint status report indicating as much. Signed by Judge Kari A. Dooley on 1/20/2022. (Banker, Joshua) (Entered: 01/20/2022)

Joint status report, February 18, 2022

Kwesell joint status 2 18

02/18/2022 83 ORDER. The Court has reviewed the parties’ Joint Status Report at ECF No. 82 . On or before March 4, 2022 the parties shall file a motion for preliminary approval of the settlement, or, if additional time is necessary to finalize the settlement agreement, a joint status report indicating as much. Signed by Judge Kari A. Dooley on 2/18/2022. (Banker, Joshua) (Entered: 02/18/2022)

Settlement, March 4, 2022

merged_65441_-1-1646752216

03/16/2022 85 The parties shall appear for a Hearing on Plaintiffs’ Motion for Preliminary Approval of Settlement on April 8, 2022 at 2:00 PM. A calendar entry with the details for this hearing will be separately docketed. Signed by Judge Kari A. Dooley on 3/16/2022. (Banker, Joshua) (Entered: 03/16/2022)
04/06/2022 87 ORDER continuing Hearing on Plaintiffs’ Motion for Preliminary Approval of Settlement. The Hearing set for April 8, 2022 is continued until further order of the Court. On or before April 20, 2022, the parties shall file a joint status report advising the Court as to whether more time is needed to prepare for the hearing or if the parties are prepared to proceed. Signed by Judge Kari A. Dooley on 4/6/2022. (Banker, Joshua) (Entered: 04/06/2022)

Joint status report, April 20, 2022

Kwesell joint status 4 20 22

04/20/2022 89 ORDER. The Court has reviewed the parties’ Joint Status Report at ECF No. 88 . On or before May 4, 2022, the parties shall file a joint status report advising the Court as to whether more time is needed to prepare for a preliminary approval hearing or if the parties are prepared to proceed. Signed by Judge Kari A. Dooley on 4/20/2022. (Banker, Joshua) (Entered: 04/20/2022)

Joint status report, May 4, 2022

Kwesell joint status 5 4

05/05/2022 91 ORDER. The parties shall appear for a Hearing on Plaintiffs’ Motion for Preliminary Approval of Settlement on June 13, 2022 at 10:00 AM. A calendar entry with the details for this hearing will be separately docketed. Signed by Judge Kari A. Dooley on 5/5/2022. (Banker, Joshua) (Entered: 05/05/2022)
05/10/2022 93 ORDER RESCHEDULING HEARING. At ECF No. 91, the Court set June 13, 2022 as the hearing date for Plaintiffs’ Motion for Preliminary Approval of Settlement. That hearing is rescheduled to June 14, 2022 at 10:00 AM. A calendar entry with the details for the rescheduled hearing will be separately docketed. Signed by Judge Kari A. Dooley on 5/10/2022. (Banker, Joshua) (Entered: 05/10/2022)

Joint supplemental filing, June 7, 2022

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Order granting preliminary settlement approval, June 14, 2022

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06/14/2022 98 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION.

Final Approval Hearing set for 11/22/2022 at 11:00 AM in Courtroom Four-Annex, 915 Lafayette Blvd., Bridgeport, CT before Judge Kari A. Dooley. (Banker, Joshua) (Entered: 06/14/2022)

08/04/2022 101 ORDER denying without prejudice Plaintiffs’ 44 Motion for Summary Judgment and Defendant’s 54 Motion for Summary Judgment in light of the pending request for settlement approval. Signed by Judge Kari A. Dooley on 8/4/2022. (Banker, Joshua) (Entered: 08/04/2022)

Unopposed motion for final approval, and memo, November 15, 2022

merged_1610_-1-1669571427

Kwesell settlement approval memo

Final approval order, November 22, 2022

Kwesell final approval order 11 22 22

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THE DEMONSTRATION PROJECT BULLETIN

The bulletin (September 30, 2019)

Wellness-Program-Demonstration-Project-Bulletin

THE RULEMAKING REVIVAL AND WITHDRAWAL

Press release, January 7, 2021, with link to proposed regulations

https://www.eeoc.gov/newsroom/eeoc-provides-proposed-wellness-rules-review

Never published in Federal Register

Notice, February 2021, withdrawing proposed regulations

https://www.eeoc.gov/regulations/rulemaking