Seyfarth Synopsis: In an ADA action alleging that a maker of
train components discriminated against a group of applicants by
regarding them as disabled, a federal district court in Illinois
granted the EEOC's partial motion for summary judgment, holding
that the company's decision to deny them work was based on
improper tests concerning prospective injuries.
Employers should keep this ruling on their radar when
considering medical testing in the job application process.
In EEOC v. Amsted Rail Co., No. 3:14-CV-1292, 2017 U.S.
Dist. LEXIS 189713 (S.D. Ill. Nov. 16, 2017), Amsted made
conditional job offers to thirty-nine applicants (the
"Claimants") for chipper positions, but placed them on
medical hold because of abnormal results from a nerve conduction
test ("NCT"). Id. at *2-6. The EEOC argued that Amsted
violated the ADA by not hiring the Claimants on the basis of
disability in regards to job application procedures and
hiring. Id. at *7-8. Amsted
