Sent Packing: Company Forced Medical Exam on Employee, Then Fired Him, EEOC Alleges in Suit

A packaging company compounded its initial violation of a disabled employee’s rights by then firing him because of his disability, the Equal Employment Opportunity Commission alleged in an ADA lawsuit filed yesterday.

According to the lawsuit, Justin Cadmus had worked for ten years as a press helper for Impressions Incorporated, a St. Paul-based design, printing and packaging company, and was rated a top performer.  In 2014, Cadmus was diagnosed by his family doctor with depression.  His supervisor became aware that he had ceased taking medication for the depression, and, in April 2015, told him to see a doctor and then to see a psychologist, and to go back on medication.  Although Cadmus complied with these unlawful directives which were not justified by business necessity, he was fired because of his depression.

“Employers cannot require employees to have unnecessary medical and psychological examinations or require the employee to obtain prescription drugs as a condition of continued employment,” said Greg Gochanour, the regional attorney for the EEOC’s Chicago District Office. “Mr. Cadmus should not have been asked to take the two examinations in the first place, but he did so, and yet he was fired anyway. This com­pany’s behavior was inexcusably callous as well as unlawful, and the EEOC is here to combat such unfair conduct.”

To learn more on the do’s and don’ts of medical examinations under the ADA, click here.

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