An Illinois corrections officer whom a jury found was improperly benched and ordered to undergo fitness-for-duty testing failed to show he was disabled or perceived to be disabled, and he therefore isn’t entitled to back pay, a federal judge in Chicago ruled.
The Americans with Disabilities Act prohibits medical examinations and inquiries unless they’re job-related or consistent with business necessity, the U.S. District Court for the Northern District of Illinois said. But whether a violation permits an employee to collect lost wages without proving an actual disability—or that the employer perceived the worker to be disabled—is an open question in ...
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