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ARTICLE · 11 DECEMBER 2017

Ouch: EEOC Gets Summary Judgment Win Relative To Employer's Medical Testing

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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 ...

United StatesEmployment and HR
Gerald Maatman Jr.
Gerald Maatman Jr.
Alex Karasik
Alex Karasik
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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

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