The consent decree, which must be approved by the court, requires the county to:
1) pay $475,000 to the complainants and provide additional work-related benefits (including #retirement benefits and back pay, plus interest);
2) adopt new policies and procedures regarding the administration of #medical examinations and inquiries;
3) refrain from using the services of the medical examiner who conducted the overbroad medical examinations in question;
4) cease the automatic exclusion of job applicants who have insulin-dependent #diabetes mellitus; and,
5) provide training on the #ADA to all current supervisory employees and all employees who participate in making personnel decisions.
The #employment provisions (Title I) of the #ADA prohibits employers, such as #Baltimore County, from discriminating against individuals on the basis of disability in various aspects of employment. The ADA’s provisions concerning #disability-related inquiries and #medical exams reflect Congress’s intent to protect the rights of applicants and employees to be assessed on merit alone, while protecting the rights of employers to ensure that individuals in the workplace can efficiently perform the essential functions of their jobs. An employer violates the #ADA if it requires its employees to undergo #medical examinations or submit to #disability-related inquiries that are not related to how the employee performs his or her job duties, or if it requires its employees to #disclose overbroad #medical history or #medical records. Employers are also prohibited from excluding individuals with #disabilities unless they show that the exclusion is consistent with business necessity and they are prohibited from retaliating against employees for opposing practices contrary to the #ADA.
Do you know what’s considered a #disability-related question? Do you know which exams are considered #medical? How do you determine which inquiries are #job-related and consistent with business necessity? What #documentation can an employer require from an employee who requests #reasonableaccommodation? How do you conduct periodic testing and monitoring when necessary? Can an EAP counselor ask questions about an employee’s #disability? What about voluntary wellness programs?
If you’re not sure about the answers to the above questions, #Springboard’s #ADA Team can help you navigate through the maze and get you on the right track.
This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.