Medical Examinations

News & Analysis as of

Canadian Employment News Series: Duty to accommodate may include transferring employee to another workplace

In a recent decision, Emond v. Treasury Board (Parole Board of Canada), the Public Service Labour Relations and Employment Board concluded that an employer’s duty to accommodate may include transferring an employee with a...more

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

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

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

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

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...

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

Objective Basis Needed for Psychological Fitness for Duty Exam

In a case of first impression in New Jersey, the Appellate Division cautioned that employers may only require an employee to undergo a mental health fitness-for-duty examination in limited circumstances. Relying heavily on...more

Employer Can Require Psych Evaluation of Employee Who Threatened Suicide

The Americans with Disabilities Act only allows employers to conduct medical examinations of employees on the basis of business necessity. Last month in an unpublished decision, the Sixth Circuit Court of Appeals concluded...more

Quirky Question #270: A Win for Wellness Plans

Question: Our company offers employees a self-funded and self-insured health plan. We’d now like to implement a wellness program. Can we require employees to complete a health risk assessment which requests personal medical...more

Refusing to Attend a Fitness-For-Duty Exam May Not Be Grounds For Termination under the ADA

On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission...more

In Michigan, a troubling case involving medical expert testimony

In protecting its citizens, Michigan already is taking a deserved drubbing for its shameful government negligence in allowing the lead pollution of Flint‘s drinking water. Officials now need to get their act together to stop...more

EEOC Denied in Attempt to Apply ADA Rules to Wellness Plan Tied to Group Health Plan

On the last day of 2015, the U.S. District Court for the Western District of Wisconsin ruled against the Equal Employment Opportunity Commission (“EEOC”) in its suit against an employer under the Americans with Disabilities...more

EEOC Faces Another Defeat in its War Against Wellness Programs

The U.S. Equal Employment Opportunity Commission (“EEOC”) has steadfastly maintained that any wellness program that is not voluntary violates the Americans With Disabilities Act (“ADA”). In 2014, the Chicago District Office...more

Big Employer Win in Wellness Program Case EEOC v. Flambeau

For the past couple of years, the U.S. Equal Employment Opportunity Commission (EEOC) has been challenging employer wellness programs for their alleged violations of the Americans with Disabilities Act (ADA). The most recent...more

A Win for Wellness Programs: Federal Judge Rules No ADA Violation (No Matter What the EEOC Says)

The question of whether a wellness program violates the requirements of the Americans with Disabilities Act (ADA) has been unclear for some time. The Chicago District Office of the U.S. Equal Employment Opportunity...more

Federal Court Rejects EEOC Suit Challenging Employee Wellness Plan

Last year, the Equal Employment Opportunity Commission filed several high profile lawsuits claiming that employer group medical insurance plans violated the Americans with Disabilities Act by imposing certain mandatory...more

Flambeau Inc. Wellness Program Testing Falls Within ADA Safe Harbor

On December 30, 2015, a federal judge in the Western District of Wisconsin ruled in favor of Flambeau, Inc. (Flambeau) and against the Equal Employment Opportunity Commission (EEOC) in holding that Flambeau’s medical exams as...more

Joy Mining Machinery Settles EEOC Genetic Information Non-Discrimination Act Lawsuit

Mining Equipment Manufacturer Will Refrain From Requesting, Requiring or Purchasing Genetic Information - PITTSBURGH - Joy Underground Mining, LLC, trading as Joy Mining Machinery, will provide significant relief to...more

All Is Well For Employers: Three Things You Need To Know About Court Ruling In Wellness Program Lawsuit

A federal judge in Wisconsin just issued a key ruling upholding an employer’s wellness program despite a challenge from the Equal Employment Opportunity Commission (EEOC). The decision, published on December 31, 2015, is a...more

Texas Medical Board Loses Bid for State Action Immunity

The Teladoc decision reinforces that state boards that are composed of market participants need to reassess how they are supervised if they seek shelter from antitrust scrutiny under the state action doctrine....more

FDA data underscores why patients need to ask tough questions about care

The epidemic of overtreatment is hardly new, and it often stems from physicians’ tendency to order excessive tests. But now Uncle Sam is getting ready to step in even more, prompted in part by disturbing data that detailed...more

Going To The Heart Of Workplace Health Programs And Apps

The wearable technology market is booming and shows no sign of slowing down anytime soon. From watches to glasses, to chips and sensors built into clothing and accessories, wearable technology seems to have reached every...more

Visa Bulletin 2.0 and its Implications for Early Filing for Adjustment of Status

On September 9, 2015, the U.S. Government pleasantly surprised the immigration world by publishing a new type of monthly Visa Bulletin for October 2015 with USCIS announcement about a new approach to the timing of the ability...more

Sharp Healthcare Sued by EEOC for Disability Discrimination

San Diego Surgical Center Denied Hire to Applicant Due to Perceived Disability - SAN DIEGO, Calif. - Sharp HealthCare, an operator of hospitals and medical facilities, violated federal law when it denied hire to a job...more

Alcoholism and the ADA: The DOs and DON’Ts of Alcohol Testing in the Workplace

The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental...more

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