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Disability Discrimination › Employer Liability Issues › Fitness for Duty Exams

Amundsen Davis LLC

Seventh Circuit Ruling Allows Non-Disabled Workers to Seek Backpay Under ADA

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The Seventh Circuit (covering Illinois, Indiana and Wisconsin) recently ruled that a non-disabled employee can recover damages under the Americans with Disabilities Act (ADA) when his employer required a fitness-for-duty...more

Vedder Price

Seventh Circuit Allows Recovery of Back Pay in ADA Case Absent Proof of Disability

Vedder Price on

In a case of first impression, on April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit issued an important decision in Nawara v. Cook County Municipality (Case Nos. 22-1393, 22-1430, 22-2395 & 22-2451), holding...more

Venable LLP

Seventh Circuit Ruling Permits Back Pay for ADA Discrimination for Non-Disabled Workers

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Last month, in Nawara v. Cook County Municipality, the Seventh Circuit Court of Appeals said a violation of ADA protections from medical examinations or inquiries counts as discrimination on account of disability, regardless...more

Akerman LLP - HR Defense

When Can An Employer Require Fitness-For-Duty Exams?

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Employers with fitness-for-duty exam requirements for employees returning from medical leaves should take note of a recent decision by a federal court in Massachusetts. In that case, the Court considered whether requiring...more

McAfee & Taft

Can an employer terminate an employee for conduct caused by a disability?

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Employees who exhibit what appear to be mental issues while in the workplace or performing their job duties present some of the most difficult situations for employers. An employee with a mental or emotional issue may have a...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

McAfee & Taft

Court rules employee’s behavior justified mental health exam

McAfee & Taft on

There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more

Troutman Pepper Locke

Employer May Require Employee To Undergo Mental Fitness For Duty Exam If Employee Exhibits Concerning Behavior

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Q: One of our employees has been exhibiting strange, erratic behavior at work. Can we require the employee to submit to a mental health examination? A: Possibly. The ADA prohibits employers from requiring their workers to...more

Seyfarth Shaw LLP

Rock And A [Softer] Hard Place: Seventh Circuit Eases The Burden For Accommodating Employees With Mental Health Disabilities

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Seyfarth Synopsis: Complying with the ADA, particularly when an employee has a mental health-related disability, can be challenging. Fortunately, a recent decision out of the Seventh Circuit provides helpful guidance for...more

FordHarrison

Third Circuit Affirms Judgment in Favor of Employer in ADA Action, Finding that Compliance with NRC Regulations Justified...

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Recently, the United States Court of Appeals for the Third Circuit in McNelis v. Pennsylvania Power & Light Company affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging disability...more

Best Best & Krieger LLP

Employer May Require Medical Reevaluation of Employee's Fitness For Duty Following FMLA Leave

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Reevaluation Allowed as long as Job-Related and Consistent with Job Necessity - A California Court of Appeal recently held that the Los Angeles County District Attorney’s Office’s (DA) decision requiring an...more

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