Court: ADA Ban on Medical Examinations Violated Even When Applicants Ultimately Hired

Employees whose ADA rights were violated by mandatory pre-hire medical examinations may be entitled to damages, a federal district court in Pennsylvania ruled this week, dismissing the company’s argument that they are outside the law’s protections because they ultimately were hired.

The ADA provision in question states that “a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability.”

The company in this case, Grane Healthcare Co., argued that this section of the ADA protects only individuals who are denied employment because of medical conditions uncovered during unlawful screenings.But the court wasn’t buying that, insisting that the ADA is a “prophylactic” provision that denies employers access to medical information prior to their employment. Period.

The case is EEOC v. Grane Healthcare Co., W.D. Pa., No. 3:10-cv-250, July 7.

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2 responses to this post.

  1. Posted by clay sidor on September 29, 2015 at 11:06 pm

    take a look at judgement rendered by district court dated sept.15,2015 page 73 para 1 contradicts earlier ruling

    Reply

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