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Hiring & Firing › Employment Litigation › 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 -
Barnea Jaffa Lande & Co.

Israeli Labor Court: Employers May Be Entitled to Demand Medical Exams by Their Appointed Physician

Barnea Jaffa Lande & Co. on

The Regional Labor Court recently ruled that the time has come to entitle employers, under special circumstances, to demand that employees undergo medical examination by a physician on the employer’s behalf, even after an HMO...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Dishonesty on Pre-Employment Medical Questionnaire Justified Termination

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The Americans with Disabilities Act prohibits employers from asking most applicants questions about their medical history before a conditional offer of employment is made....more

Littler

Ontario, Canada Court Orders Independent Medical Examination of Employee Claiming Indefinite Inability to Mitigate Due to Mental...

Littler on

Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because...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

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

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

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

Parker Poe Adams & Bernstein LLP

Asking Employee to Pay for MRI as a Hiring Condition Violated ADA

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act sets forth the conditions under which employers can require medical examinations as a condition of hire. Last month, the Ninth Circuit Court of Appeals held that an employer violated the...more

Seyfarth Shaw LLP

Ouch: EEOC Gets Summary Judgment Win Relative To Employer’s Medical Testing

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADA action alleging that a maker of train components discriminated against a group of applicants by regarding them as disabled, a federal district court in Illinois granted the EEOC’s partial motion...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

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

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