Law School Toolbox Podcast Episode 514: Listen and Learn -- Discovery (Civ Pro)
A recent case from the U.S. Court of Appeals for the Fifth Circuit offers insights on several interesting aspects of claims under the Americans with Disabilities Act (ADA), including the impact of an extended delay in the...more
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
On April 1, 2025, the Seventh Circuit Court of Appeals clarified the remedies available to nondisabled employees subjected to improper medical examinations or inquiries under the Americans with Disabilities Act (ADA). ...more
The Americans with Disabilities Act prohibits employers from requiring employee medical examinations absent business necessity. The ADA provides a back pay remedy for violations, but limits these damages to discrimination on...more
On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias class action brought by a New Jersey Transit train operator who was required undergo a sleep apnea screening due to the...more
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
On April 4, 2019, the Appellate Division of New Jersey Superior Court reaffirmed that obesity, standing alone, is not a protected characteristic under the New Jersey Law Against Discrimination (LAD), affirming summary...more
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
This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks. EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more
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
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
Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a...more
On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit found in favor of a large transportation employer’s driver sleep study testing requirement in a lawsuit challenging the practice under the Americans with...more
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