7th Circuit clarifies eligibility for back pay under ADA

In a recent decision from the U.S. 7th Circuit Court of Appeals (the federal appeals court that covers matters in Wisconsin, Illinois, and Indiana), the court concluded that disability discrimination occurs under the Americans with Disabilities Act (ADA) when an employer requires an unsupported medical examination of an employee, regardless of whether the employee has or is perceived to have a disability.

Background

John Nawara worked as a correctional officer with the Cook County Sheriff’s Office. Following a series of confrontations with his coworkers in 2016, he was placed on paid leave and required to complete a fitness-for-duty examination and to authorize the sheriff’s office to obtain his medical records before returning to work. He refused to comply and was placed on unpaid leave in April 2017.

While on leave, Nawara filed suit against the sheriff’s office, alleging it violated the ADA by requiring him to complete a medical examination. He never claimed to have a disability or that the sheriff’s office’s required medical testing because of a perceived disability.

Under the ADA:

No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.