Employers Risk ADA Liability by Relying on Faulty Medical Exams

Employers can lose disability discrimination lawsuits if they rely on advice from doctors or other specialists that’s revealed to be biased or otherwise flawed, according to a growing list of federal appellate courts.

The U.S. Court of Appeals for the Third Circuit earlier this month revived a police officer’s claims against the city of Pittsburgh for pulling a job offer based on third-party psychologists’ allegedly biased view of his mental fitness. The case will proceed at the trial court level, allowing the cop to develop evidence to support his allegation that the psychologists unfairly interpreted how his attention deficit hyperactivity ...