News & Analysis as of

Medical Examinations Employee Rights

Bradley Arant Boult Cummings LLP

Just Don’t Ask: 7th Circuit Addresses Employment Medical Inquiries Under ADA

In early April 2025, the Seventh U.S. Circuit Court of Appeals recognized that employers could be held liable for monetary damages and other relief for violating the medical inquiry and examination limitations of the...more

Venable LLP

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

Venable LLP on

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

Vorys, Sater, Seymour and Pease LLP

Seventh Circuit Holds That Unlawful Medical Inquiries Trigger Claims Under the ADA for Non-Disabled Employees

On April 1, 2025, the U.S. Court of Appeals for the Seventh Circuit (which has jurisdiction over Illinois, Indiana and Wisconsin) issued a landmark ruling that could allow non-disabled workers to recover back pay under a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Think ADA Recovery Is Limited to Employees With Disabilities? The Seventh Circuit Says Think Again

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

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says Non-Disabled Employee Entitled to Back Pay for Unlawful Medical Exam

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

Barnea Jaffa Lande & Co.

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

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

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

Miles & Stockbridge P.C.

EEOC Releases Guidance for Employers on COVID-19 Vaccinations

Miles & Stockbridge P.C. on

As news of a COVID-19 vaccine increased during the late fall, employers were anxiously awaiting EEOC guidance as to whether they could require employees to get vaccinated. While it will be several more months before the...more

Fenwick & West LLP

Fenwick Employment Brief - September 2014

Fenwick & West LLP on

California Becomes Second State to Mandate Paid Sick Leave - On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers,...more

Franczek P.C.

I Believe My Employee Is Unfit To Return To Work. Can I Require A Full Medical Examination Before His Return?

Franczek P.C. on

Have you ever doubted whether one of your employees actually was fit to return to work from a leave of absence? ...more

Franczek P.C.

Employee’s Threatening Behavior May Justify Mandatory Medical Examination

Franczek P.C. on

When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers. ...more

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