Law School Toolbox Podcast Episode 514: Listen and Learn -- Discovery (Civ Pro)
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
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
Artificial intelligence (AI) can help streamline business processes making workers more efficient and driving costs down for the consumer. What happens, though, when an employer uses AI in hiring decisions?...more
I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more
A district court ruled that a long-time railroad trackman, who was pulled from service following safety complaints from his coworkers and supervisors, failed to prove that he was considered disabled under the ADA, and failed...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
In a departure from the federal Americans with Disabilities Act (ADA) and other state anti-discrimination laws, the Washington Supreme Court (7-2) recently ruled that obesity “always” qualifies as an impairment under the...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
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
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
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
When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as...more
Federal Agency Says St. Paul Company Fired Employee for Depression Despite His Submitting to Unlawfully Mandated Examination - MINNEAPOLIS, Minn. - Impressions, Incorporated, a St. Paul-based design, printing...more
Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more
Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when...more