29 C.F.R. § 1630.14 - Medical examinations and inquiries specifically permitted

Cite as29 C.F.R. § 1630.14
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248 practice notes
165 cases
  • 456 F.Supp.3d 807 (W.D.Tex. 2020), EP-17-CV-00264-DCG, Burns v. Nielsen
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Courts. 5th Circuit. Southern District of Texas
    • 28 Enero 2020
    ...medical inquiry claim, it did analyze the business necessity defense to a § 12112(d)(4)(A) claim. Def.'s Ex. 3 at 8 (citing 29 C.F.R. § 1630.14(c)). In other words, the EEO investigated a claim under § 12112(d)(4)(A). The Court therefore concludes that as to Burns's......
  • Schobert v. CSX Transportation Inc., 113020 OHSDC, 1:19-cv-76
    • United States
    • Federal Cases United States District Courts 6th Circuit United States District Courts. 6th Circuit. Southern District of Ohio
    • 30 Noviembre 2020
    ...provided regarding FMLA leave does not fall into these “very narrow” categories. (Id.). Plaintiffs disagree, arguing that 29 C.F.R. § 1630.14(c) offers “no exception” and that the scope of the Rehabilitation Act is not as narrow as CSXT says. (Pls.' Resp. at #217). ......
  • Chedwick v. UPMC, 042111 PAWDC, 07-806
    • United States
    • Federal Cases United States District Courts 3th Circuit
    • 21 Abril 2011
    ...examination" of this kind does not have to be "job-related" or "consistent with business necessity." 29 C.F.R. § 1630.14(b)(3). After an employee's duties have commenced, an employer may not ask him or her to undergo a medical examination or inquire as to whether he......
  • 175 F.Supp.2d 806 (D.Md. 2001), JFM-01-CV-1749, Rohan v. Networks Presentation, LLC.
    • United States
    • Federal Cases United States District Courts 4th Circuit United States District Court (Maryland)
    • 3 Diciembre 2001
    ...managers, first aid and safety personnel, and government officials investigating ADA compliance. 42 U.S.C. § 12112(d)(3)(B); see also 29 C.F.R. § 1630.14(d) (2001) (echoing language of the In order to gain protection under § 12112(d), Plaintiff argues that she provided a "voluntary med......
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48 firm's commentaries
  • Annual Report on EEOC Developments – Fiscal Year 2016
    • United States
    • JD Supra United States
    • 27 Febrero 2017
    ...final rule does not expressly address the issue of offering an 320 AARP v. EEOC, Civil Action No. 16-2113 (D.D.C. Dec. 29, 2016). 321 29 CFR 1630.14(d)(1). 322 323 29 CFR 1630.14(d)(2). 324 Id. 325 Id. 326 29 CFR 1630.14(d)(3). 327 Ilyse Schuman, Judith Wethall and Russell Chapman, EEOC Iss......
  • Annual Report on EEOC Developments - Fiscal Year 2013
    • United States
    • JD Supra United States
    • 27 Enero 2014
    ...(May 8, 2013), available at http://www.eeoc.gov/eeoc/newsroom/release/5-8-13.cfm. 186 See 42 U.S.C. § 12112(d); 29 C.F.R. §§ 1630.13, 1630.14; EEO C, Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees Under the ADA (July 27, 2000), available at http://w......
  • Telework Under The ADA & Other Nondiscrimination Laws
    • United States
    • JD Supra United States
    • 21 Octubre 2016
    ...354–55 (4th Cir. 2001). 88  535 U.S. 391 (2002). 89  535 U.S. at 394. 90  535 U.S. at 405. 91  42 U.S.C. §12112(d)(3)(B), (d)(4)(C); 29 C.F.R. §1630.14(b)(1). There are limited exceptions to the ADA confidentiality requirements, which include: (1) disclosures to “[s]upervisors and managers…......
  • Airline Tragedy Prompts Renewed Discussion on Employment Inquiries into Mental Health
    • United States
    • JD Supra United States
    • 9 Abril 2015
    ...offer is extended, so long as the employer does so for all employees hired into the same job category. See 42 U.S.C. §12112(d)(3); 29 C.F.R. §1630.14(b). If an applicant is screened out at this stage due to a disability, the employer must show that the decision is “job-related and consisten......
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4 books & journal articles
  • Workplace Privacy and Discrimination Issues Related to Genetic Data: A Comparative Law Study of the European Union and the United States
    • United States
    • American Business Law Journal Nbr. 43-1, March 2006
    • 1 Marzo 2006
    ...that ‘‘anemployer cannot inquire as to whether an individual has a disability at the pre-offer stage ofthe selection process’’).18729 C.F.R. § 1630.14. At this stage, the employer is permitted to collect disability-relatedinformation about applicants, including medical history, but must giv......
  • Privacy for the Working Class: Public Work and Private Lives
    • United States
    • Louisiana Law Review Nbr. 66-4, July 2006
    • 1 Julio 2006
    ...from their employees and applicants, and requires that whatever information is permissibly collected be treated as confidential. See 29 C.F.R. § 1630.14 (2005) (EEOC regulation relating to health information). [36] For a discussion of genetic screening and the various issues it raises see P......
  • 'Gating' through wellness programs under proposed EEOC regulation.
    • United States
    • Florida Bar Journal Vol. 90 Nbr. 4, April 2016
    • 1 Abril 2016
    ...regulation that limits certain rewards provided through wellness programs. Equal Employment Opportunity Commission (EEOC) Proposed 29 C.F.R. 1630.14(d), issued under the Americans with Disabilities Act (ADA), has been described as effectively eliminating the general practice of creating &qu......
  • Vol. 6, No. 1, Pg. 22. The Injured or Disabled Worker: New Rights, New Duties.
    • United States
    • South Carolina Bar Journal Nbr. 1994, January 1994
    • 1 Enero 1994
    ...to workers' compensation offices and second injury funds without violating the ADA's medical confidentiality requirements. 29 C.F.R. § 1630.14(b)(2), EEOC Tech. Assistance Manual § 9.5. Although an employer normally may not seek pre-employment medical information under t......
24 provisions
  • Family and Medical Leave Act; information request; report,
    • United States
    • Federal Register June 28, 2007
    • 20 Junio 2007
    ...such examination or inquiry is shown to be job-related and consistent with business necessity. 42 U.S.C. 12112(d)(4)(A); see also 29 CFR 1630.14(c).\16\ The ADA also prohibits discrimination in employment against individuals who are ``regarded as'' having an impairment by their employer. 42......
  • Part IV
    • United States
    • Federal Register February 11, 2008
    • 11 Febrero 2008
    ...files, and if ADA is also applicable, such records shall be maintained in conformance with ADA confidentiality requirements (see 29 CFR 1630.14(c)(1)), except (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary acc......
  • The Family and Medical Leave Act
    • United States
    • Federal Register February 06, 2013
    • 6 Febrero 2013
    ...If the ADA, as amended, is also applicable, such records shall be maintained in conformance with ADA confidentiality requirements (see 29 CFR 1630.14(c)(1)), except (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessa......
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018
    • United States
    • Federal Register November 16, 2018
    • 16 Noviembre 2018
    ...With Disabilities Act Priority: Other Significant. E.O. 13771 Designation: Other. Legal Authority: 42 U.S.C. 12101 et seq. CFR Citation: 29 CFR 1630. Legal Deadline: Abstract: This rule amends the regulations to implement the equal employment provisions of the Americans with Disabilities Ac......
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