Employer Sued for Asking Illegal Questions about Medical History

On September 30, 2013, the EEOC issued a press release about a new lawsuit against an employer for discrimination based on disability and genetic information. The lawsuit asserted that the employer required applicants to undergo illegal physical exams and made illegal inquiries into applicant’s family medical histories. One temporary employee was allegedly denied permanent employment after disclosing that he had a heart condition shared by others in his family.

Regardless of whether the EEOC prevails in this new lawsuit, it is a reminder to employers to follow the rules about pre-employment physical exams, and avoid questions about an employee’s family medical history.


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