Misapplied Employee Fitness Exam Leads to Back Pay Under Americans with Disabilities Act, Seventh Circuit Holds
Highlights
U.S. Court of Appeals for the Seventh Circuit recently held that an employee who was neither disabled nor perceived as disabled was entitled to back pay damages under the ADA
The court found that a medical exam requirement was a form of disability discrimination, even though the plaintiff had no actual or perceived disability
Given this ruling, employers should be cautious when requiring medical examinations and ensure they are clearly job-related and consistent with business necessity
While the Americans with Disabilities Act (ADA) is generally designed to protect employees with actual or perceived disabilities, the U.S. Court of Appeals for the Seventh Circuit recently held that an employee who was neither disabled nor perceived as disabled was entitled to back pay damages under the ADA.
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