Seventh Circuit Holds That Non-Disabled Employee Is Entitled to Back Pay Under Americans with Disabilities Act
By John F. Kuenstler & Doug M. Oldham
Labor and Employment Law,
May 2025
The Seventh Circuit recently held that an employee who was neither disabled nor perceived as disabled was entitled to back pay damages under the ADA. The court found that a medical exam requirement constituted a form of disability discrimination, even though the plaintiff had no actual or perceived disability. Given this ruling, employers should be cautious when requiring medical examinations and ensure the examinations are clearly job-related and consistent with business necessity.
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