Timing Can Be Everything: Court Holds That Applicants May Set Forth a Claim Based Upon the Timing of a Pre-Employment Medical Examination
In Leonel v. American Airlines, the United States Court of Appeals for the Ninth Circuit held that American Airlines' pre-employment medical test may have violated the Americans With Disabilities Act ("ADA") and the California Fair Employment and Housing Act ("FEHA"). The Court also held that American Airlines' testing of blood samples may violate the right to privacy guaranteed by the California Constitution. The case is significant because it emphasizes the importance of ensuring that pre-employment medical examinations are conducted at the very last stage of the hiring process.
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