News & Analysis as of

Discrimination › Medical Examinations

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Titus-Will Ford For Disability Discrimination

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

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Zachry Construction Corporation For Disability Discrimination

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

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

U.S. Equal Employment Opportunity Commission...

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

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

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

U.S. Equal Employment Opportunity Commission...

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

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

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

U.S. Equal Employment Opportunity Commission...

UPCO Will Pay $106,000 For Disability Discrimination

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

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

Seyfarth Shaw LLP

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Impressions Incorporated for Disability Discrimination

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

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

McAfee & Taft

Job descriptions continue to be critical in defending against disability claims

McAfee & Taft on

The Tenth Circuit Court of Appeals recently affirmed summary judgment on behalf of the employer in a case where the employee claimed that the requirement to be a Department of Transportation-certified driver was not an...more

Manatt, Phelps & Phillips, LLP

Employment Law - Oct 2014 #3

Manatt, Phelps & Phillips, LLP on

DOL Grants Could Signal More Misclassification Actions - Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues McLeod Health for Disability Discrimination

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

Non-Profit Medical Institution Subjected Employee to Illegal Medical Examinations And Fired Her in Violation of Federal Law, Federal Agency Charges - FLORENCE, S.C. - McLeod Health, Inc., a South Carolina regional...more

Bracewell LLP

Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

Bracewell LLP on

A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive...more

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