News & Analysis as of September 23, 2024

Medical Examinations

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Employer Fitness For Duty Policy Survives Disability Discrimination Claim

Jackson Lewis P.C. on 1/22/2021

A district court ruled that a long-time railroad trackman, who was pulled from service following safety complaints from his coworkers and supervisors, failed to prove that he was considered disabled under the ADA, and failed...more

Obesity Is Always a Disability Under the Washington Law Against Discrimination

Davis Wright Tremaine LLP on 9/5/2019

In a departure from the federal Americans with Disabilities Act (ADA) and other state anti-discrimination laws, the Washington Supreme Court (7-2) recently ruled that obesity “always” qualifies as an impairment under the...more

Is Being Overweight an Impairment?

Foley & Lardner LLP on 10/9/2018

According to the Centers for Disease Control and Prevention (CDC), approximately 40 percent of U.S. adults are obese. The CDC uses the Body Mass Index (BMI) as the benchmark for obesity. BMI is a calculation based on height,...more

EEOC Sues Titus-Will Ford For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 9/28/2018

Tacoma Dealership Fired Salesman Diagnosed with Brain Tumor - SEATTLE -Titus-Will Ford, a Tacoma car dealership, violated federal law when it fired an employee immediately after he was diagnosed with a brain tumor, the...more

Medical Inquiries And The ADA

Constangy, Brooks, Smith & Prophete, LLP on 6/1/2018

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

EEOC Sues Zachry Construction Corporation For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 2/23/2018

Contractor Used Medical Questionnaires and Exams to Weed Out Employees With Potential Medical Issues, Federal Agency Charges - BIRMINGHAM, Ala. - Zachry Construction Corporation, a San Antonio-based construction and...more

Alabama Court Decides An Individual With A Partially Amputated Foot Is Not Disabled Under The ADA

Jackson Lewis P.C. on 1/30/2018

The ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability.” Much of the change had to do with making it easier for an individual to establish that he or she has a disability...more

EEOC Sues Wesley Health System / Merit Health Wesley For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 7/27/2017

Company Refused to Accommodate and Fired Employee Because of Arm/Shoulder Injury, Federal Agency Charges - BIRMINGHAM, Ala. - Wesley Health System, LLC, dba Merit Health Wesley, a general medical and surgical hospital...more

Chemtrusion to Pay $145,000 to Settle EEOC Class Disability Discrimination Case

U.S. Equal Employment Opportunity Commission... on 7/24/2017

Company Screened Out Job Applicants After Medical Examinations Without Any Individualized Assessments on Fitness for Work, Federal Agency Charged - INDIANAPOLIS - Chemtrusion, Inc., a Houston-based manufacturing services...more

UPCO Will Pay $106,000 For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 5/31/2017

Company's Improper Use of Pre-Employment Medical Exam Screened Out Qualified Employee, Federal Agency Charged - ST. LOUIS - A Claremore, Okla.-based manufacturer of sucker rods and accessories for the oil and gas...more

EEOC Sues Impressions Incorporated for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 5/4/2017

Federal Agency Says St. Paul Company Fired Employee for Depression Despite His Submitting to Unlawfully Mandated Examination - MINNEAPOLIS, Minn. - Impressions, Incorporated, a St. Paul-based design, printing...more

Is Obesity a Disability Under the ADA Not Without Physical Impairment Eighth Circuit Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/25/2016

Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more

Morbid Obesity Must Have Physiological Cause to Gain ADA Protection

Parker Poe Adams & Bernstein LLP on 4/19/2016

Since the Americans with Disabilities Act was adopted, the Equal Employment Opportunity Commission has considered morbid obesity to fall within the definition of a protected disability. Earlier this month, the Eighth Circuit...more

Obesity Not A Disability Without An Underlying Medical Cause

Foley & Lardner LLP on 4/13/2016

In June of last year, we pondered whether obesity is a mere physical characteristic or a disability protected by the Americans with Disabilities Act (ADA) as now amended by the Americans with Disabilities Act Amendments Act...more

Question #274: Opining on Obesity

Dorsey & Whitney LLP on 4/8/2016

Question: We have a large meat processing facility in Northern Minnesota. We were recently hiring for one of our positions in the plant requiring work with large mechanical equipment. Because we consider this position to be...more

Eighth Circuit Holds That Obesity That Is Not Caused By an Underlying Physiological Condition Is Not a Covered “Impairment” Under...

Proskauer - Law and the Workplace on 4/7/2016

In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act...more

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Hiring & Firing › Disability › Medical Examinations

Employer Fitness For Duty Policy Survives Disability Discrimination Claim

Obesity Is Always a Disability Under the Washington Law Against Discrimination

Is Being Overweight an Impairment?

EEOC Sues Titus-Will Ford For Disability Discrimination

Medical Inquiries And The ADA

EEOC Sues Zachry Construction Corporation For Disability Discrimination

Alabama Court Decides An Individual With A Partially Amputated Foot Is Not Disabled Under The ADA

EEOC Sues Wesley Health System / Merit Health Wesley For Disability Discrimination

Chemtrusion to Pay $145,000 to Settle EEOC Class Disability Discrimination Case

UPCO Will Pay $106,000 For Disability Discrimination

EEOC Sues Impressions Incorporated for Disability Discrimination

Is Obesity a Disability Under the ADA Not Without Physical Impairment Eighth Circuit Rules

Morbid Obesity Must Have Physiological Cause to Gain ADA Protection

Obesity Not A Disability Without An Underlying Medical Cause

Question #274: Opining on Obesity

Eighth Circuit Holds That Obesity That Is Not Caused By an Underlying Physiological Condition Is Not a Covered “Impairment” Under...

Sharp Healthcare Sued by EEOC for Disability Discrimination

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

The need for actual medical evidence in disability cases

Employee Suing Based on Withdrawn Job Offer Must Prove Disabled Status

Hiring & Firing › Disability › Medical Examinations

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