Circuits Affirm Right of Non-Disabled Individuals to Sue for Improper Medical Inquiry

The 11th Circuit considered congressional intent in concluding that the Americans With Disabilities Act (ADA) gives non-disabled individuals a private right of action for improper pre-employment medical inquiries.

"Congress sought to prevent employers from using pre-employment medical inquiries 'to exclude applicants with disabilities--particularly those with so-called hidden disabilities such as epilepsy, emotional illness, heart disease and cancer--before their ability to perform the job was even evaluated,'" Judge Eugene Siler, Jr. wrote, quoting from the ADA.

Constance Sommer

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