Medical testing

June 2005

A federal appeals court has ruled that an employer violated the Americans with Disabilities Act (ADA) by basing a hiring decision on a medical test before the applicants had completed the rest of the hiring process. The court also allowed the applicants’ invasion of privacy claim to proceed to trial because the employer could not prove that its extensive blood testing procedure was standard in the industry. (Leonel v. American Airlines, Inc., U.S. Court of Appeals for the Ninth Circuit, No. 03-15890, 2005).

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The Magazine — Past Issues

An amendment introduced by Sen. Carl Levin (D-MI) to improve oversight of the FBI National Name Check Program was included in the 2007 appropriations bill for the Department of Homeland Security, which was signed into law (P.L. 110-161).
The law is designed to make the program, under which the government conducts background checks on its employees and on anyone applying for immigration benefits, more efficient.

Legal Report: Hiring \ Employment Issues

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A company is not liable for firing an employee who filed a workplace injury claim in the midst of an internal investigation. The investigation proved that the employee had embezzled money so he was fired. The employee sued claiming that he was fired for making a workers’ compensation claim. The court ruled that even if the employee’s injury claim was valid, the company had a legitimate reason for the termination and was not liable for wrongful termination.

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Medical testing

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The Magazine — Past Issues

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Elsewhere in the Courts: Wrongful Termination