Terminating Employees Based on Medical Condition Questionnaire May Be Illegal

     The U.S. Equal Employment Opportunity recently filed a lawsuit against Pulmonary Specialists of Tyler and Sleep Health for alleged violations of the Americans with Disabilities Act.  The EEOC’s lawsuit alleges that Pulmonary Specialists unlawfully requested that the employees complete a questionnaire related to medical conditions asking if the employees suffered from any of more than 20 different medical conditions, whether they suffered from an impairment or a disability, and whether they had previously had surgeries or a permanent disability rating.  At least one employee answered that she had suffered an injury on the job in 1996, which resulted in back surgery and a permanent disability rating.  Her ability to perform her job duties as a Billing/Collections Specialist was not impacted, but the company terminated her employment just three days after she completed the questionnaire.  Terminating an employee because of their disability under the Americans with Disabilities Act is illegal.  See EEOC v. Pulmonary Specialists of Tyler PA , No. 6:18-CV-00338-RWS (E.D. Tex.).

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