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  Eleventh Circuit Finds that Job Applicant Need Not Be Disabled Under the ADA to Sue for Prohibited Pre-Offer Medical Inquiry.Ford & Harrison LLP - January 26, 2010 Employers should be aware of a recent decision by the Eleventh Circuit (the federal appeals court with jurisdiction over Alabama, Georgia, and Florida) holding that a job applicant need not be "disabled" under the Americans with Disabilities Act ("ADA") to sue an employer for making a prohibited, pre-offer medical inquiry. See Harrison v. Benchmark Elecs. Huntsville Inc. (11th Cir. 2010). In Harrison, the Eleventh Circuit reversed a trial court's decision in favor of the employer and held that the plaintiff should be permitted to take his ADA claim to trial. Report Link Non-disabled individual can support claim of "improper medical inquiry" under the ADA.Ogletree Deakins - January 18, 2010 The Americans with Disabilities Act makes it illegal for employers to discriminate against disabled individuals. To that end, the Act includes a provision that, prior to an actual offer of employment, an employer “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.” Report Link EEOC Wins Appeal of $3.4 Million in Pre-employment Strength Testing of Females (pdf).Phelps Dunbar LLP - April 17, 2007 As many employers know, pre-employment strength
testing of physical strength is quite common, particularly
in jobs requiring physical strength as part of an essential
job function. Report Link Courts Scrutinize Pre-Employment Strength Tests.Ford & Harrison LLP - January 22, 2007 In an effort to reduce on-the-job injuries, many employers have implemented, or are considering implementing, pre-employment strength tests. Report Link Ninth Circuit Finds Use of Hearing Test to Screen Driver Applicants Violates ADA.Ford & Harrison LLP - October 23, 2006 The Ninth U.S. Circuit Court of Appeals has held that United Parcel Service (UPS) violated the Americans with Disabilities Act (ADA) by refusing to hire drivers who could not pass a hearing test. See Bates v. UPS (October 10, 2006). The Ninth Circuit’s decision affirms a lower court’s determination that the company violated the ADA and affirms the certification of a class action against UPS based on the ADA violation. Report Link Ninth Circuit Rules Policy that Excludes Deaf Drivers Violates the ADA, Opening the Door to More Class Actions Challenging Hiring Standards.Littler Mendelson, P.C. - October 23, 2006 In a decision issued earlier this month, Bates v. United Parcel Service, Inc., No. 04-17295 (9th Cir., October 10, 2006), a three-member panel of the Ninth Circuit Court of Appeals issued a ruling that may generate a new wave of class action claims based upon the Americans with Disabilities Act ("ADA"). The Ninth Circuit upheld a trial court ruling that UPS's policy of excluding deaf individuals from being eligible for hire as drivers violated the ADA. In so ruling, the Court established a much lighter burden of proof for plaintiffs challenging a facially discriminatory qualification standard than that which is normally required. The Court also agreed that an ADA action challenging the application of a uniform qualifications standard may properly be brought as a class action. Report Link Use Of The "Minnesota Multiphasic Personality Inventory" May Violate The ADA (pdf).Vedder Price - August 29, 2005 The Minnesota Multiphasic Personality Inventory
(“MMPI”) is a test that determines where a person falls
on scales measuring traits such as depression, paranoia
and mania. On June 14, 2005, the U.S. Court of Appeals
for the Seventh Circuit held that the MMPI is a medical
examination and that its use by an employer in making
personnel decisions violated the Americans with
Disabilities Act. Karraker et al. v. Rent-A-Center et al.,
No. 04-2881. Report Link Premature Medical Exam May Invalidate Hiring Process.Jackson Lewis LLP - April 28, 2005 A decision from the federal appeals court in San Francisco has reinforced the admonishment that employers must follow the provisions of the Americans With Disabilities Act to the letter to avoid liability.
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