Eleventh Circuit Finds that Job Applicant Need Not Be Disabled Under the ADA to Sue for Prohibited Pre-Offer Medical Inquiry


Employers should be aware of a recent decision by the Eleventh Circuit (the federal appeals court with jurisdiction over Alabama, Georgia, and Florida) holding that a job applicant need not be "disabled" under the Americans with Disabilities Act ("ADA") to sue an employer for making a prohibited, pre-offer medical inquiry. See Harrison v. Benchmark Elecs. Huntsville Inc. (11th Cir. 2010). In Harrison, the Eleventh Circuit reversed a trial court's decision in favor of the employer and held that the plaintiff should be permitted to take his ADA claim to trial.

Please see full alert below for more information.

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

Written by:


FordHarrison 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.