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Total Articles: 4

Airline Industry Alert: FAA Does Not Recommend Routine Psychological Testing for Pilots

Executive Summary: On June 9, 2016, the FAA announced specific actions that it will take, in conjunction with airlines and pilots' unions, concerning pilots' mental health in response to the Malaysia Flight 370 and Germanwings Flight 9525 tragedies. These actions arose from recommendations made by an Aviation Rulemaking Committee (ARC), which was comprised of representatives of the FAA, air carriers, pilots' unions, and medical professionals. In short, the ARC declined to require psychological testing for pilots as part of the aviation medical exam, but instead adopted a "holistic" approach that includes education, outreach training, and self-reporting.

EEOC Files Suit Targeting Employment Application "Health History"

On March 22, 2016, the Equal Employment Opportunity Commission (“EEOC”) filed suit in the United States District Court for the Western District of Missouri against Grisham Farm Products, Inc. alleging that its employment application violated the Americans With Disabilities Act (“ADA”) and the Genetic Information Non-Discrimination Act (“GINA”). Equal Employment Opportunity Commission v. Grisham Farm Products, Inc. 16-cv-03105. According to the EEOC’s Complaint, Grisham

Should Employers Test Applicants’ Integrity? The EEOC Discusses “Integrity Testing”

Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence. As a result, employers may be tempted to subject employees and applicants to so-called integrity tests. According to the U.S. Office of Personnel Management, “integrity testing” is a “specific type of personality test designed to assess an applicant’s tendency to be honest, trustworthy, and dependable.”

Non-disabled individual can support claim of "improper medical inquiry" under the ADA.

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.”
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