Thursday, April 10, 2014

Pre-Employment Medical Screening - a Class Action Opportunity

Bryan Schwartz Law's principal presented this week at the ABA's 4th National Conference on Employment and Education Law Impacting Persons with Disabilities, in Los Angeles, on a panel entitled, "Are Your Selection Criteria Screening Out Persons with Disabilities?"

His paper for the conference entitled “Pre-Employment Medical Screening: a Class Action Opportunity,” available by clicking here, discusses how pre-employment medical screening violations readily lend themselves to class action claims by job applicants under Fed.R.Civ.P. 23(b)(2), 23(b)(3), and 23(c)(4).

The paper highlights three areas ripe for class litigation: if the employer routinely reviews medical records too early in the process, before a bona fide offer; if the employer conducts medical testing too early in the process, i.e., before all other pre-employment steps have been taken; and if the employer fails to provide individualized consideration concerning reasonable accommodations as part of its medical qualification process.

If your rights have been violated by improper pre-employment medical screening, contact Bryan Schwartz Law today.

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