The U.S. Equal Employment Opportunity Commission lost a fight in court over workplace wellness rules but there are still questions lingering over a solution—particularly given the Trump administration’s new leadership at the agency could shift intentions.

In August, a federal judge in Washington sided with the AARP in a lawsuit that challenged rules that would allow employers to incentivize or penalize employees for programs targeted at improving health. Such programs have become increasingly popular at companies because a healthy workforce can lower insurance costs.

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