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Posts tagged "Regarded As"

Babb v. Maryville Anesthesiologists, P.C., No. 19-5148 (6th Cir. Nov. 6, 2019)

A nurse is fired, supposedly for clinical errors, but an email is circulated to staff saying that she was fired because she "has been having major issues with her eyesight and as of late, it has seemed to be getting even worse." The Sixth Circuit finds that the email and other evidence present a triable case of regarded-as disability discrimination under the ADA.

EEOC v. BNSF Ry. Co., No. 16-35457 (9th Cir. Aug. 29, 2018)

May an employer charge a job applicant for the cost of a post-offer medical review, when the employer believes that the applicant has a medical impairment? The Ninth Circuit holds "no" under the ADA, affirming a judgment on behalf of an employee who was asked to pay for his own MRI.

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