Many of our South Florida readers may know that the Americans with Disabilities Act prohibits workplace discrimination based not only upon an actual disability, but also against discrimination based upon a perceived disability. In 2008, Congress passed and the president signed into law a measure aimed at eliminating discrimination based upon a worker’s genetic information. The law, known as the Genetic Information Nondiscrimination Act, is one claim involved in a new workplace discrimination lawsuit.
The Equal Employment Opportunity Commission says that a nursing home and rehabilitation center subjected job applicants to post-offer medical examinations. In today’s health conscious culture, medical checks seem to be becoming more commonplace. However, the EEOC says that the East Coast nursing and rehab facility allowed doctors to request family medical histories during the post-offer medical examinations. Employees were required to go through a similar process annually after being hired for a job, apparently with the family medical history being a part of the continuing medical checkups.