EEOC v. Thrivent Financial for Lutherans, No. 11-2848 (7th Cir. Nov. 20, 2012)
Articles Discussing Case:
Employer’s General Inquiry on Employee’s Absence not Medical Inquiry under ADA, Seventh Circuit Rules
Jackson Lewis LLP • December 21, 2012
An employer’s email to a “no call/no show” employee asking “what is going on” is not a “medical inquiry” under the Americans with Disabilities Act and therefore did not need to be treated as a confidential medical record, the U.S. Court of Appeals for the Seventh Circuit has ruled. EEOC v. Thrivent Financial for Lutherans, No. 11-2848 (7th Cir. Nov. 20, 2012). Affirming dismissal of the U.S. Equal Employment Opportunity Commission’s lawsuit, the Court found the employer had no reason to believe its employee’s absence was related to a medical condition; thus, its inquiry about the absence was not a medical inquiry. The Seventh Circuit has jurisdiction over Illinois, Indiana, and Wisconsin.