Quick Hits

• The Seventh Circuit reiterated that the ADA’s limitation on medical exams and inquiries applies to all employees, not just those with a disability under the ADA.
• Hence, a nondisabled employee subjected to unlawful medical exams or inquiries may recover back pay if, for instance, the employee is off work without pay for some period or is discharged for refusing to undergo an improper medical examination.
• The court’s ruling highlights the importance of properly determining whether to require an employee to undergo a medical or mental health exam, i.e., to ensure that any such exam or inquiry is job-related and consistent with business necessity.

Correctional officer John Nawara had several heated altercations with his supervisor and a heated interaction with human resources and a nurse. The Cook County sheriff’s office placed Nawara on paid leave and mandated he undergo a fitness-for-duty examination and sign medical authorization forms before he could return to work. Nawara refused, and when his paid leave expired, he was placed on unpaid leave. Four months later, Nawara decided to return to the sheriff’s office and returned the authorization forms and underwent a fitness-for-duty examination. Nawara was declared fit for duty and returned to work as a correctional officer.

While on leave, Nawara sued Cook County and the sheriff, alleging the compulsory fitness-for-duty examination and inquiry into his mental health violated §12112(d)(4) of the ADA, which...

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