Tuesday, January 24, 2006

employment - ADA - medical exam/inquiry

Ward v. Merck & Co., Inc. - ED Pa. - January 9, 2006

http://www.paed.uscourts.gov/documents/opinions/06d0034p.pdf

Summary judgment granted to employer (ER) on Plaintiff's claim that he was terminated from his job in violation of the provision of the Americans with Disabilities Act, 42 USC sec. 12111(d), that prohibits a medical exam or inquiry about a disability, its nature or severity, "unless such examination or inquiry is shown to be job-related and consistent with business necessity."

The court found that there was "more than sufficient evidence" to justify the ER's medical inquiry in this case, where there were allegations that Plaintiff's job behavior and performance deteriorated badly.

Donald Marritz
MidPenn Legal Services

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