No Disability Required for ADA Improper Medical Inquiry Claim
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Harrison v. Benchmark Electronics Huntsville, Inc., 593 F.3d 1206 (11th Cir. 2010) (0 other reports)
Author: Michael T. Borruso
In Harrison v. Benchmark Electronics Huntsville, Inc., +593 F.3d 1206 (11th Cir. 2010), the 11th Circuit Court of Appeals addressed whether a nondisabled job applicant can file a disability discrimination claim based on an employer's improper medical inquiry.
Under Section 12112(d)(2) of the Americans with Disabilities Act (ADA), an employer may not require job applicants to take a medical examination, ask them questions that would reveal that they have a disability or inquire as to the nature or severity of a disability. The only thing an employer can ask about is the applicant's ability to perform job-related functions. 42 USCS § 12112(d)(2).
In a precedent-setting ruling, the 11th Circuit held that the applicant had the right to sue based on an improper medical inquiry, despite the fact that he did not have a qualified disability under the ADA.
