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Hiring & Firing › Medical Examinations

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... more +
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 -
Clark Hill PLC

Court Allows Two GIPA Cases To Proceed Based on Pre-Employment Physical Exams

Clark Hill PLC on

While many have heard of Illinois’ Biometric Information Privacy Act, or “BIPA,” Illinois has a similar, although less infamous, statute covering genetic information – the Genetic Information Privacy Act or “GIPA.” While GIPA...more

Seyfarth Shaw LLP

August 2024 Global Immigration Alert

Seyfarth Shaw LLP on

The month of July 2024 was a busy month for Canada’s immigration programs. The most notable event was the Express Entry draw on July 30, 2024, when 964 “invitations to apply” (ITAs) were issued, targeting candidates through...more

U.S. Equal Employment Opportunity Commission...

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

U.S. Equal Employment Opportunity Commission... on

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

Seyfarth Shaw LLP

Third Party Agents Are Employers For Purposes Of FEHA Liability

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a case of first impression, the California Supreme Court decided FEHA claims can be litigated directly against certain agents of an employer. Raines v. U.S. Healthworks Medical Group....more

Parker Poe Adams & Bernstein LLP

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

Parker Poe Adams & Bernstein LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

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

Jackson Lewis P.C.

Employer Fitness For Duty Policy Survives Disability Discrimination Claim

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result

Jackson Lewis P.C. on

A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous...more

Holland & Hart - Employers' Lawyers

10th Circuit Upholds Hospital’s Rejection of Applicant Under ADA

Holland & Hart - Employers' Lawyers on

The rules surrounding medical examinations under the Americans with Disabilities Act (ADA) can be tricky. The U.S. 10th Circuit Court of Appeals (whose rulings apply to all Colorado, New Mexico, Utah, and Wyoming employers)...more

Brooks Pierce

Additional Coronavirus Guidance From EEOC

Brooks Pierce on

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

Constangy, Brooks, Smith & Prophete, LLP

New EEOC Guidance On The COVID-19 Pandemic - UPDATED

Constangy, Brooks, Smith & Prophete, LLP on

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Yale New Haven Hospital for Age and Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

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

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Ninth Circuit Affirms Dismissal in Fibromyalgia Disability Case

Hinshaw & Culbertson LLP on

In Demko v. Unum Life Ins. Co. of America, 2019 U.S. App. LEXIS 31102 (9th Cir. Oct. 15, 2019), the Ninth Circuit affirmed Unum Life's determination that a Hollywood executive diagnosed with fibromyalgia was not disabled from...more

Snell & Wilmer

No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act

Snell & Wilmer on

On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry....more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Jackson Lewis P.C.

Federal Appeals Court Holds Test For Illegal Drugs Is Not An Impermissible Medical Examination, Even If Test May Reveal Lawful...

Jackson Lewis P.C. on

A federal appeals court upheld the termination of an employee who tested positive for amphetamines on a random drug test – despite his claim that the result was due to over-the-counter drug use – and rejected his arguments...more

Davis Wright Tremaine LLP

Obesity Is Always a Disability Under the Washington Law Against Discrimination

Davis Wright Tremaine LLP on

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

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Parker Poe Adams & Bernstein LLP

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

Parker Poe Adams & Bernstein LLP on

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

Orrick - Employment Law and Litigation

9th Circuit: Employers Must Foot the Bill for Post-Offer Follow-up Medical Exams

Orrick - Employment Law and Litigation on

The Ninth Circuit recently sided with the Equal Employment Opportunity Commission (“EEOC”), holding that employers can’t require applicants to pay for follow-up post-offer medical exams. ...more

Payne & Fears

Key California Employment Law Cases: August 2018

Payne & Fears on

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

U.S. Equal Employment Opportunity Commission...

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

U.S. Equal Employment Opportunity Commission... on

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Appalachian Wood Products, Inc. For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

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

Foley & Lardner LLP

Is Being Overweight an Impairment?

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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

U.S. Equal Employment Opportunity Commission...

JBS Carriers Sued by EEOC For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

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

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