News & Analysis as of

Americans with Disabilities Act (ADA) Medical Examinations Job Applicants

Constangy, Brooks, Smith & Prophete, LLP

Employers, don't get tripped up in this "GINA" trap

Asking about family history is usually illegal. Oh. My. Gosh. United Airlines required post-offer medical examinations for its new hires. Nothing wrong with that -- it's specifically allowed under the Americans with...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Compliance

Artificial intelligence (AI) can help streamline business processes making workers more efficient and driving costs down for the consumer. What happens, though, when an employer uses AI in hiring decisions?...more

Constangy, Brooks, Smith & Prophete, LLP

Asking Applicants For Vax Status? Not So Fast, Employers.

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

Payne & Fears

Key California Employment Law Cases: August 2018

Payne & Fears on

This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

U.S. Equal Employment Opportunity Commission...

SMS Group to Pay up to $62,000 to Resolve EEOC Discrimination Finding

SMS Group Must Refrain from Requesting or Requiring Disclosure of Genetic Information - INDIANAPOLIS - SMS Group Inc., formerly known as SMS Technical Services, LLC and SMS Millcraft LLC, headquartered in Cranberry...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Appalachian Wood Products, Inc. For Disability Discrimination

Employer Made Unlawful Medical Inquiries and Refused to Hire Applicants Based on Disability, Federal Agency Charges - JOHNSTOWN, Pa. - Appalachian Wood Products, Inc., a Clearfield, Pa.-based major supplier of cabinet...more

U.S. Equal Employment Opportunity Commission...

JBS Carriers Sued by EEOC For Disability Discrimination

Trucking Company Improperly Screened Out Applicants On The Basis of Disability Federal Agency Charges - DENVER - Trucking firm JBS Carriers, based in Greeley, Colo., violated federal law by using pre-employment screening...more

Parker Poe Adams & Bernstein LLP

Asking Employee to Pay for MRI as a Hiring Condition Violated ADA

The Americans with Disabilities Act sets forth the conditions under which employers can require medical examinations as a condition of hire. Last month, the Ninth Circuit Court of Appeals held that an employer violated the...more

Holland & Hart - Employers' Lawyers

Asking Employees About Prescription Medicine Use

As an employer, you may be tempted to ask your employees what prescription medications they use and whether their prescription drugs could affect their ability to perform their job. After all, you want to identify any...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pulmonary Specialists of Tyler And Sleep Health for Disability Discrimination

ADA Violated With Unlawful Medical Inquiry and Termination, Federal Agency Charges - DALLAS - Pulmonary Specialists of Tyler and Sleep Health violated the Americans with Disabilities Act by making an unlawful medical...more

U.S. Equal Employment Opportunity Commission...

Amsted Rail to Pay $4.4 Million After Court Ruled It Used Discriminatory Hiring Practices

Denying Employment Based on Carpal Tunnel Screening Was Unlawful, Court Ruled - ST. LOUIS - Amsted Rail Co., Inc., a leading manufacturer of steel castings for the rail industry, will pay $4.4 million and furnish other...more

Constangy, Brooks, Smith & Prophete, LLP

Medical Inquiries And The ADA

Here are seven things that every employer should know. The Americans with Disabilities Act has been law since 1992, and the rules regarding medical inquiries for applicants and employees have not changed much since that...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hirschbach Motor Lines For Disability Discrimination

National Trucking Company Used "Back Assessment" to Screen Out Job Applicants It Regarded as Disabled, Federal Agency Charges - PORTLAND, Maine - Hirschbach Motor Lines, Inc. violated federal law by using a pre-employment...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Ashley Distribution Services, LTD. For Disability Discrimination

Distribution and Delivery Company Refused to Hire Truck Driver with a Perceived Disability, Federal Agency Charges - WINSTON-SALEM, N.C. - Ashley Distribution Services, Ltd., a Wisconsin corporation doing business in...more

Seyfarth Shaw LLP

Ouch: EEOC Gets Summary Judgment Win Relative To Employer’s Medical Testing

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...more

Jackson Lewis P.C.

Top 5 Tips For Conducting Pre-Employment Medical Exams

Jackson Lewis P.C. on

In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information...more

McAfee & Taft

EEOC alleges medical exams and questionnaires violate ADA, GINA

McAfee & Taft on

The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more

Franczek P.C.

EEOC Issues Proposed Rule on Wellness Programs and the ADA

Franczek P.C. on

The Equal Employment Opportunity Commission (EEOC) has released its long-awaited proposed rule providing guidance on the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness programs....more

Epstein Becker & Green

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

Epstein Becker & Green on

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

McAfee & Taft

The need for actual medical evidence in disability cases

McAfee & Taft on

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when...more

U.S. Equal Employment Opportunity Commission...

Amsted Rail’s Hiring Practices Violate Disability Discrimination Law, EEOC Charges in Lawsuit

Medical Clearance Process Derails Applicants' Hopes for Employment, Federal Agency Says - ST. LOUIS -- Amsted Industries, Inc. and Amsted Rail Co. Inc., a leader in the manufacture of steel castings for the rail...more

U.S. Equal Employment Opportunity Commission...

Seed and Fertilizer Providers to Pay $187,500 for Genetic Information and Disability Discrimination

Class of Job Applicants Was Subjected to Illegal Medical Exams and Family Medical History Inquiries, EEOC Charged - SAN DIEGO, Calif. - Three Southern California seed and fertilizer providers - All Star Seed, Inc., La...more

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