A forklift operator was terminated for refusing to comply with a company-hired doctor's request that she provide medical records related to her treatment for colon cancer before he would clear her to continue driving a forklift. She sued, alleging violations of the Americans with Disabilities Act (ADA), the Kentucky Civil Rights Act (KCRA), and the Genetic Information Nondiscrimination Act (GINA) and won her case because neither the medical examination—which the employer periodically requires for all employees who operate heavy equipment—nor the doctor's request for her cancer records was "job-related and consistent with business necessity."
Read More...
Edited by: Richard S. Cleary, John T. Lovett, James D. Cockrum, Keith Moorman of Frost Brown Todd LLC.
Forklift driver wins ADA case because medical exam was unlawful
From: Kentucky Employment Law Letter | 09/01/2018
by Sean Ryan
by Sean Ryan