Disability Isn’t Needed to Get Back Pay for Illegal Medical Exam

April 1, 2025, 7:28 PM UTC

Cook County, Ill., may owe a former corrections officer pay for the time he missed while on unpaid leave after refusing to undergo a fitness-for-duty examination and release his medical records, the Seventh Circuit ruled Tuesday.

The novel ruling held that current employees who prove a violation of an Americans with Disabilities Act provision barring unlawful medical exams and inquiries are entitled to recoup back pay even if there were no allegations or findings that the worker was disabled or perceived to be disabled. A violation of the ADA provision, which generally prohibits requiring an incumbent worker to submit to ...

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