The U.S. Equal Employment Opportunity Commission (EEOC) has filed suit against Piedmont Cheerwine Bottling Co. for violating the Americans with Disabilities Act (ADA) after it required an employee with multiple sclerosis (MS) to submit to a medical exam and a physical agility test to obtain medical information and then fired her after receiving the results.
The employee was a store merchandiser at Cheerwine’s soft drink manufacturing and distribution center in Colfax, North Carolina. Unbeknownst to the employer, the employee had been diagnosed with MS. The employee’s MS medication resulted in deterioration in her hip cartilage, causing her to walk with a limp.
After six weeks of employment, Cheerwine required her to take a physical agility test. She was the only one who Cheerwine required to take the test within the 90-day probationary status as a new employee. The test results showed that the employee met all job-specific requirements, but noted deficits that included decreased hip strength, gait abnormalities, and difficulty squatting.
Cheerwine placed the employee on unpaid leave and fired her the same day. The employee produced a doctor’s note the following day that cleared her medically for work. However, Cheerwine refused the note and advised her that she was terminated.
The EEOC sued Cheerwine, alleging that the company violated the ADA by firing the employee due to her disability or its perception of her as disabled. In its complaint, the EEOC also characterized the mandatory agility test as a medical exam designed to discover medical information about an employee, which is also impermissible under the ADA.
According to EEOC guidance, an employer can require a current employee to submit to a medical exam only under certain circumstances without running afoul of the ADA. More specifically, exams must be job-related and consistent with business necessity. Physical agility tests generally don’t qualify as medical exams. However, those tests may go beyond their scope to include medical examination components if they measure blood pressure or range of motion to evaluate muscle strength and motor function.
In the Cheerwine case, the EEOC pointed out various issues with its physical agility test that pushed into the realm of impermissible medical exams. For instance, the agility test that Cheerwine required the employee to take measured her blood pressure and range of motion. The person administering the test did so in a medical setting, and the test was specifically designed to determine physical impairments. They also unlawfully asked the employee about her hip, which led her to give information about her MS medication and the deterioration it caused to her hip.
The EEOC guidance goes on to state that employers can prove that a medical exam is job-related and consistent with business necessity in some cases. To do so, employers must offer reasonable evidence showing that an employee’s medical condition prevents them from performing essential job functions.
However, the Cheerwine employee successfully performed all requirements of her job. No agent of the employer advised, reprimanded, or disciplined the employee during her term of employment for failing to meet company expectations.
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