Ruling Highlights Need for Confidentiality of Medical Information Disclosed During Test Review
Roger Kaplan and Kathryn Russo - Jackson Lewis LLP
February 12, 2010
An applicant who was not hired after testing positive for drugs used to control his epilepsy was permitted to proceed with his lawsuit asserting claims under the Americans with Disabilities Act because there were factual issues whether the employer made an improper medical inquiry and denied employment on that basis. Harrison v. Benchmark Elecs. Huntsville Inc., No. 08-16656, 2010 App. LEXIS 632 (11th Cir. Jan. 11, 2010).
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