Is Any Use of Medical Info Disparate Treatment?

more+
less-

If an employer administers a post-offer medical exam in accordance with the ADA and keeps the acquired medical information confidential in accordance with the ADA, may the employer then use the information without violating the ADA?  In Wetherbee v. The Southern Co., No. 13-10305 (11th Cir. June 11, 2014), the plaintiff argued that using the results of a medical test as the basis for rescinding a job offer violates the ADA, regardless of whether the candidate has a disability.  The court disagreed.

The employer rescinded the plaintiff’s job offer after his required medical exam revealed that he should not operate safety-sensitive equipment until his medication regimen had been shown to be effective.  Because his job offer was for a position that required work on safety-sensitive equipment, the company determined he could not perform the essential job functions.  The plaintiff alleged the employer violated 42 USC Sec. 12112(d)(3)(C) by using the disclosed medical information to discriminate “on the basis of disability,” but the plaintiff admitted he could not show he was disabled.  The court held that, regardless of whether the results were used “properly,” the use can be “discrimination on the basis of disability” only if the plaintiff is disabled.  Beware however that there might be other ways to use information improperly under the ADA.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sherman & Howard L.L.C. | Attorney Advertising

Written by:

more+
less-

Sherman & Howard L.L.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×