In an article titled “The Trouble with Medical-History Requests,” Debra Friedman, a member of Cozen O’Connor’s Labor & Employment Department, discusses Equal Employment Opportunity Commission v. Cummins Power Generation Inc., in which the EEOC alleges Cummins improperly required an employee to undergo a fitness-for-duty examination and to sign a release for all of his medical records. The case is one of very few GINA lawsuits to date. "HR should make sure there is a permissible purpose for conducting a fitness-for-duty exam or asking for medical information. Then it's very important that it is narrowly tailored to that permissible purpose,” said Debra.
To read the article, click here.