Blanket Policies Can Increase Your Risk of A Class Action Lawsuit


Generally, employees have not been successful in trying to bring class actions under the Americans with Disabilities Act (ADA). The reason is that – unlike Title VII or the Age Discrimination in Employment Act – it's not enough for an employee to belong to a protected class. Under the nondiscrimination provisions of the ADA, an employee must be a "qualified individual with a disability." Determining whether the class members are all qualified generally forecloses treating them as a class.

On the other hand, the ADA's prohibition of pre-employment medical examinations, does not require that the employee or applicant be a qualified individual with a disability. Neither does the section of the law that requires that the results of such examinations be kept confidential. It requires only that the plaintiff be a job applicant or an employee. Thus, an employer that requires applicants to submit to medical inquiries, or to medical examinations that are not job related and consistent with business necessity, stands a greater chance that a court will allow a class action against it to proceed.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Fisher Phillips | Attorney Advertising

Written by:


Fisher Phillips on:

Readers' Choice 2017
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*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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.