News & Analysis as of September 22, 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 -

Dollar General to Pay $1 Million to Settle EEOC Disability and Gina Lawsuit

U.S. Equal Employment Opportunity Commission... on 10/19/2023

Retail Chain Violated the Americans with Disabilities Act and the Genetic Information Non-Discrimination Act in Hiring Process - BIRMINGHAM, Ala. –Variety store retailer Dolgencorp, LLC, doing business as Dollar General,...more

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

Parker Poe Adams & Bernstein LLP on 6/10/2022

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

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

Constangy, Brooks, Smith & Prophete, LLP on 10/8/2021

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

Additional Coronavirus Guidance From EEOC

Brooks Pierce on 3/22/2020

The Equal Employment Opportunity Commission has posted guidance for employers regarding medical examinations and inquiries during the COVID-19 pandemic... ...more

New EEOC Guidance On The COVID-19 Pandemic - UPDATED

Constangy, Brooks, Smith & Prophete, LLP on 3/19/2020

The Equal Employment Opportunity Commission has issued guidance titled “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19.” In this new guidance, the EEOC directs employers to its 2009 publication on...more

EEOC Sues Yale New Haven Hospital for Age and Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 2/12/2020

Hospital Unlawfully Subjected Only Physicians Over 70 to Neuropsychological and Eye Exams, Federal Agency Charges - NEW HAVEN - Yale New Haven Hospital, the teaching hospital of the Yale School of Medicine, violated...more

Court Upholds Termination Of Employee Who Claimed Failed Drug Test Was Due to Over-the-Counter Medications

Seyfarth Shaw LLP on 11/5/2019

Seyfarth Synopsis: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug...more

Doctor, Doctor: Fourth Circuit Allows Case to Proceed on Employee Medical Exam

Bradley Arant Boult Cummings LLP on 3/21/2019

When can you send an employee for a medical exam? In EEOC v. McLeod Health, Inc., the Fourth Circuit recently provided some guidance and allowed a plaintiff’s claim for an illegal medical exam to proceed to the jury despite...more

Fourth Circuit Sets Low Bar for Employee to Challenge Medical Exam Requirement

Parker Poe Adams & Bernstein LLP on 2/12/2019

According to the Americans with Disabilities Act, employers may only require employees to submit to medical exams or inquiries when there is a business necessity for determining the employee’s ability to perform the essential...more

Key California Employment Law Cases: August 2018

Payne & Fears on 10/19/2018

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

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

U.S. Equal Employment Opportunity Commission... on 10/18/2018

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

EEOC Sues Appalachian Wood Products, Inc. For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 10/10/2018

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

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

JBS Carriers Sued by EEOC For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 10/4/2018

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

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

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

Parker Poe Adams & Bernstein LLP on 9/12/2018

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

Asking Employees About Prescription Medicine Use

Holland & Hart - Employers' Lawyers on 8/24/2018

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

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

U.S. Equal Employment Opportunity Commission... on 7/12/2018

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

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

U.S. Equal Employment Opportunity Commission... on 6/13/2018

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

EEOC Sues Hirschbach Motor Lines For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 5/2/2018

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

EEOC Sues Ashley Distribution Services, LTD. For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 4/26/2018

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

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

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

Seyfarth Shaw LLP on 12/8/2017

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

Top 5 Tips For Conducting Pre-Employment Medical Exams

Jackson Lewis P.C. on 10/26/2017

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

EEOC alleges medical exams and questionnaires violate ADA, GINA

McAfee & Taft on 10/9/2017

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

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