U.S. Court of Appeals for the Seventh Circuit recently held that an employee who was neither disabled nor perceived as disabled was entitled to back pay damages under the ADA

The court found that a medical exam requirement was a form of disability discrimination, even though the plaintiff had no actual or perceived disability

Given this ruling, employers should be cautious when requiring medical examinations and ensure they are clearly job-related and consistent with business necessity

While the Americans with Disabilities Act (ADA) is generally designed to protect employees with actual or perceived disabilities, the U.S. Court of Appeals for the Seventh Circuit recently held that an employee who was neither disabled nor perceived as disabled was entitled to back pay damages under the ADA.

In Nawara v. Cook County, the plaintiff, John Nawara, engaged in a series of altercations with superiors and consequently was required to undergo a fitness-for-duty exam before he could return to work. Nawara stalled in agreeing to the exam before ultimately submitting and being returned to work. He sued under the ADA and prevailed because medical exams and inquiries are generally prohibited for active employees unless they are job-related and consistent with business necessity and his exam did not reach that threshold.

However, the jury awarded Nawara no back pay. The trial court upheld the award of zero back pay, holding that Nawara must prove he had an actual or perceived disability to prove disability discrimination that merited back pay.

Nawara appealed, and the Seventh Circuit reversed and remanded on the back-pay issue. The appellate court held that the medical exam requirement constituted a form of disability discrimination, even though Nawara had no actual or perceived disability. Once the court found that disability discrimination had occurred, the award of back pay based on this discrimination was held to be consistent with the law.

Takeaways

Employers should be cautious when requiring medical examinations or making disability inquiries once employment starts. Any such inquiries and examinations must be job-related and consistent with business necessity. While such inquiries and examinations will likely be allowed when evaluating an accommodation request or evaluating whether an employee poses a direct threat due to a medical condition, they seldom are allowed in other contexts, and an employer who makes such inquiries or requires such exams in other contexts may now be responsible for enhanced damages following the Seventh Circuit’s ruling. Employers should consider consulting with legal counsel when considering a medical examination in such contexts.